This Article will explore a few central aspects of Smith's fascinating and provocative argument. Part I considers the connection between Smith's analysis and one standard Wittgensteinian argument about the causes of philosophical problems. Part II, starting from a different direction, explores the classical approach to law that Smith extols as superior to our own, raises some questions about Smith's portrayal, and considers the extent to which his approach can provide better answers to the quandaries Smith discusses than does conventional modern legal thought.
Brian H. Bix,
On Questions and Answers in Law's Quandary,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol44/iss1/5