Archiwum Filozofii Prawa i Filozofii Społecznej

Metaphysical realism in the face of challenges from contextualism and nonfactualism – considerations against the background of Michael Moore’s natural law theory

Redakcja — Wed, 05 Jul 2017 21:06:28 +0000

Dr Michał Pełka

University of Warsaw

English abstract The article tackles with the problem of truth-conditional theory of meaning for sentences, which are usually connected with the doctrine of metaphysical realism. It consists basically of two parts. The first part describes several arguments aimed at rejecting realism. The conclusion of this part is a claim that even if Moore’s defense in this regard is successful there are two additional attempts to undermine his theory, namely the argument from contextualism and the argument from nonfactualism that are described and developed in the second part of the paper.

Keywords: contextualism, Saul Kripke, metaphysical realism, Michael Moore, nonfactualism, Ludwig Wittgenstein

Language: Polish

Received: 25.10.2016
Accepted: 08.02.2017

Published: Number 1(14)/2017, pp. 74-89.

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Number of downloads: 432

Fish – Dworkin debate as an example of dispute about practice of interpretation of law

Redakcja — Tue, 27 Sep 2016 23:08:17 +0000

Dr Michał Pełka

University of Warsaw

English abstract: The aim of the article is to critically asses the theories of interpretation developed by two prominent philosophers, namely Stanley Fish and Ronald Dworkin. After first describing and reconstructing their ideas the paper then identifies problems concerning the stance according to which everything in applying law depends on interpretation. The critic is based on the Ludwig’s Wittgenstein remark that there must be grasping the rule (or more broadly a meaning of any word) which is not interpretation, otherwise we end up in regressus ad infinitum fallacy. Paper’s main claim is that although the theory of R. Dworkin is not fully free from defects it has nevertheless more explanation power than the opponent’s propositions.

Keywords: legal interpretation, meaning, Stanley Fish, Ronald Dworkin, Ludwig Wittgenstein

Language: Polish

Published: Number 2(11)/2015, p. 86-105.

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Number of downloads: 599