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Article
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
  • Dan Svantesson, Bond University
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.

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2013 HERDC submission. FoR code: 180122

© Copyright, The Author, John Wiley & Sons

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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.

Citation Information
Dan Svantesson. "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 (2013) ISSN: 980028220
Available at: http://works.bepress.com/dan_svantesson/64/