Peter Hacker on Definition in Jurisprudence

The article deals with the study of the problem of the definability of fundamental legal concepts, in particular, and the evaluation of the place of the theory of definition in modern jurisprudence, as a whole. The critical arguments of Peter Hacker against the dominant in analytical legal philosophy approach to the definition of the legal concepts of Herbert Hart are presented and analyzed. It os shown that both Bentham's position and Hart's arguments against the definition of per genus et differ-entiam are invalid, since there is no reason to think that paraphrastic definition or truth-conditional definition are uniquely suited to the definition of fundamental legal or normative concepts. The translation into Russian P. Hacker's «Definition in Jurisprudence» is presented in appendix.

Keywords

Authors

References