Although the notion of an essentially contested concept may shed light on the logic of disputes over the proper application of some key political terms, it nevertheless plays no genuine role in explaining the intractability of these disputes. The notion of an essentially contested concept is defended against some influential criticisms, showing how it is possible for one conception of an essentially contested concept to be justifiably regarded as superior to other competing conceptions. Two possible answers are distinguished to the (...) question of why disputes over essentially contested concepts should be regarded as inevitable, but neither provides us with a plausible explanation for why they are so intractable. Disagreements over the proper use of key political concepts are better explained by features of moral and political discourse, such as the short reach of ?intellectual authority? and the fact that consensus is not one of its primary aims, in conjunction with empirical hypotheses from the social sciences, rather than by essential contestedness theses. (shrink)

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)