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.
Available at: http://works.bepress.com/dan_svantesson/64/