Intention and Intentional Action in Philosophy of Law: How to Do with Wittgenstein?

Abstract

The article examines K.A. Rodin’s thesis on the possibility of including Wittgenstein’s remarks on intention and action in the context of legal philosophy research. It is shown that although the concepts of intention and intentional action are relevant to the philosophy of law, Wittgenstein’s own ideas did not have a significant impact on their relevance (and some of them did not have it at all). This influence is confined to the fact that, like Wittgenstein, many jurists and legal theorists, mainly those who were influenced by the ideas of H.L.A. Hart, also objected to the causal theory of action. However, the influence is limited to this approach.