What Is “Law,” if “the Law” Is not Something that “Is”? A Modest Contribution to a Major Question

Ratio Juris 26 (3):456-485 (2013)
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Abstract

After proposing an alternative definition of what “law” (jurisprudential concept) is, this article demonstrates the impossibility of identifying “the law” (what law-makers announce, relative to a particular jurisdiction) as something that is in a particular way. Rather, the law is a more or less abstract range of options. Drawing upon this conclusion, the article calls for a reassessment of how we view the role of law-makers. We need to remove the mystery that surrounds the law so as to provide for greater transparency. This transparency can be gained by requiring law-makers to declare their inescapable biases where they influence their lawmaking

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References found in this work

On law and justice.Alf Ross - 1958 - London,: Stevens. Edited by Jakob vH Holtermann & Uta Bindreiter.
The concept of a legal system.Joseph Raz - 1970 - Oxford,: Clarendon Press.
Philosophy of Law.Andrei Marmor - 2011 - Princeton University Press.
On Law and Justice.Alf Ross - 1958 - Ethics 70 (2):175-177.
Law as fact.Karl Olivecrona - 1962 - London,: Stevens.

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