Between Theory and Practice: A Dilemma for the Morawetz‐Wittgenstein View of Law

Drawing deeply from Wittgenstein's later works, Thomas Morawetz has articulated a vision of legal decision making according to which it is not a defect, but inherent in the very nature of law, for there to be disagreement among judges regarding their legal decision‐making strategies. Central to Morawetz's account is the notion of a legal grammatical proposition. This essay argues that because legal grammatical remarks lack any truth‐value, they cannot play a justificatory role. This would imply that the rule of law is no more justifiable than the violent alternatives used by anarchists and religious fanatics.