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The Problem of a Rule in the context of Law

Publication at Faculty of Law |
2018

Abstract

Law is a complex of certain rules. A rule can be not only a legal rule, but also a moral rule, a rule for an operation of a washing mashine, a rule for counting or a language rule.

All of these rules have in common that they state that something ought to be. But how they do it? What it means to follow a rule? In this contribution these thoughts will be briefly outlined in the context of the philosophy of Ludwig Wittgenstein, Saul Kripke or John Searle.

From this position some issues related to rules will be highlited: especially the problem of legal interpretation as well as the problem of the possibility of the existence of law.