Title

What is 'law', if the 'law' is not something that 'is'? A modest contribution to a major question

Date of this Version

9-1-2013

Document Type

Journal Article

Publication Details

Citation only

Svantesson, D.J.B. (2013). What is 'law', if the 'law' is not something that 'is'? A modest contribution to a major question. Ratio Juris: an international journal of jurisprudence and philosophy law, 26(3), 456-485.

Access the journal

2013 HERDC submission. FoR code: 180122

© Copyright, The Author, John Wiley & Sons

ISSN

980028220

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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This document has been peer reviewed.