Ratio Juris 25 (3):301-317 (2012)
| Abstract |
There is a thesis that legal rules need to be made public because people cannot guide their conduct by rules they cannot know. This thesis has been a mainstay of anti-positivism and the controversy over it continues apace. However, positivism can accommodate the secret laws thesis. The deeper import of the debate over secret laws concerns our understanding of law's nature. In this regard secrecy merits attention as a candidate necessary connection between law and immorality. In addition the mediating role of lawyers as experts in ascertaining the law should be highlighted. It has been widely overlooked despite the fact that lawyers are criterial in Hart's concept of law
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| DOI | 10.1111/j.1467-9337.2012.00515.x |
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Citations of this work BETA
Why States Have No Right to Privacy, but May Be Entitled to Secrecy: A Non-Consequentialist Defense of State Secrecy.Dorota Mokrosinska - 2020 - Critical Review of International Social and Political Philosophy 23 (4):415-444.
The Illuminati Problem and Rules of Recognition.Mikołaj Barczentewicz - 2018 - Oxford Journal of Legal Studies 38 (3):500-527.
Why States Have No Right to Privacy, but May Be Entitled to Secrecy: A Non-Consequentialist Defense of State Secrecy.Dorota Mokrosinska - 2018 - Critical Review of International Social and Political Philosophy:1-30.
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