What We Do Not Doubt: A Critical Legal Perspective

Authors

Louis E. Wolcher

Abstract

This Essay challenges the reader to consider the effect on legal thinking, writing, and judging of "what we do not doubt." The Essay emphasizes the importance, especially in law, of acknowledging the presence of what we do not doubt. For instance, consider the author's discussion of a "point of view"-a point of view is "not a state of mind, but rather the point of view from which I do not doubt my point of view. A case, including a result that is thought about, is something that can be spoken about. But I cannot think or speak about the point of view from which I do not doubt my point of view."

This Essay uses a numbered paragraph form, reminiscent of Ludwig Wittgenstein. It also often uses the conceptual foundation of Ludwig Wittgenstein's writings as its starting point, applying his nonlegal concepts to the law.

Recommended Citation

Louis E. Wolcher, What We Do Not Doubt: A Critical Legal Perspective, 46 Hastings L.J. 1783 (1995).
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol46/iss6/3