Ana Escher (University of Lisbon – Lisbon Public Law Research Centre) has posted The Concept of Open Texture in “The Concept of Law” on SSRN. Here is the abstract:
The unsurprising starting premise of this short paper: the meaning of the concept of open texture in Harts ‘Concept of Law’ is unclear. I am first taking you on a guided tour of when and how open texture appears in Harts ‘Concept of Law’. Then I will attempt to prove my premise of unclarity by looking at some ambiguities in Hart himself (as to the object of open texture and as to its borders with other sources of indeterminacy) and by recalling the ‘mystical’ origins of open texture in the verificationism and semantic constructivism of the Vienna circle. This analysis will lead into a section of questions only, some of which (but probably not enough to fully satisfy the reader) I will try to answer in the last section of the paper. The saying ‘this will leave you with more questions than answers’ is, thus, to be taken quite literally.
A very nice paper. Recommended, especially if you are not familiar with the secondary literature on open texture in Hart.