DWORKIN'S FALLACY, OR WHAT THE PHILOSOPHY OF LANGUAGE CAN'T TEACH US ABOUT THE LAW.

In this article, the author will argues that much of this literature is based upon a mistake. The philosophy of language generally has no jurisprudential consequences. The fact that so many philosophers of law have thought otherwise has seriously hampered progress in the field, and not just because time, effort, and paper have been wasted. The philosophy of language appears to have jurisprudential consequences because of a mistake, which the author calls "Dworkin's fallacy" in honor of the most famous philosopher of law to have succumbed to it. This article will analyze the fallacy and describes its negative effects.