Abstract

Abstract Chapter three outlines the key elements of a conceptual vocabulary of a historical ontological approach to jurisprudence, distinguishing between doctrinal discourse capable of being used to verbalize propositions of the law and ordinary-language discourse that can be used to articulate propositions about the law. With the first most closely connected to venues of administration and scientizing juristic speculation and the second the public sphere, the respective contribution of each type to constituting the law as a distinct kind of object (viz. ‘ontologizaton’) unfolded at different sites, even if ones that were separated by permeable barriers across which discursive elements could pass. After explicating the notion of ontologization, the chapter turns to a second key pair of elements of the conceptual vocabulary of a historical ontological approach to jurisprudence. These enable a distinction between doctrinal discourse’s qualities of operativeness and administrability.

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