The Concept of Law and Its Conceptions

Ratio Juris 19 (2):180-196 (2006)
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Abstract

In this paper, I make an attempt to look for a thin and general concept of law that, as far as possible, should be neutral to the more substantial views of legal moralism and legal positivism, so that it is acceptable from both points of view. With this aim in view, I shall begin with a few remarks on concept formation and name a list of necessary requirements on an appropriate concept of law. On this basis, I intend to discuss a number of contemporary legal theories in view to their respective interpretations of the concept of law. Finally, I want to propose a definition of law that not only satisfies the requirements of the concept of law, but is also general enough to be compatible with both camps of legal thinking.

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Peter Koller
University of Graz

References found in this work

The concept of law.Hla Hart - 1961 - New York: Oxford University Press.
Law’s Empire.Ronald Dworkin - 1986 - Harvard University Press.
Reason and morality.Alan Gewirth - 1978 - Chicago: University of Chicago Press.

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