- Datum: 09.05.2016
- Uhrzeit: 12:00 - 13:00
- Vortragende(r): Prof. Baudouin Dupret
- Directeur de recherche, Centre National de la Recherche Scientifique, EHESS/IMM/CEMS (France)
- Thema: Is Law an Analytical Concept? Some Thoughts on the Basis of Language Games
- Ort: MPIeR
- Raum: Z 01
I propose some elements of reflection consisting of thinking anew themes explored for long, of going further in a rather old personal questioning, of confirming a precise epistemological choice, of clarifying conceptual issues, and of using border cases in order to better challenge what we take for granted.
The old theme, so often discussed without definite conclusion, is that of the concept of law. The old personal questioning is related to the relevance of the concept of law in the study of normativity. The epistemological choice is the replacement of the overhanging position pretending at a big retrospective fresco with an endogenous, ethnographic perspective on usages and practices of referring to norms. As for the conceptual clarification, it consists of adopting the therapeutic method proposed by Wittgenstein, who invited us to clear the fog surrounding our uses of words. Finally, the border cases, which also constitute the empirical basis of my thoughts, are the notions of Islamic, customary, and colonial laws. The enterprise is much too vast for a single lecture. I propose a tentative clarification through the review of some recent publications, which will provide me with the material for the exposition of my main argument.