What is "law," if "the law" is not something that "is"? A modest contribution to a major question

Research output: Contribution to journalArticleResearchpeer-review

5 Citations (Scopus)

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.

Original languageEnglish
Pages (from-to)456-485
Number of pages30
JournalRatio Juris
Volume26
Issue number3
DOIs
Publication statusPublished - Sep 2013

Fingerprint

Law
transparency
jurisdiction
trend

Cite this

@article{df4a6674e663470d9d99db37a3c1d970,
title = "What is {"}law,{"} if {"}the law{"} is not something that {"}is{"}? A modest contribution to a major question",
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.",
author = "Svantesson, {Dan Jerker B}",
year = "2013",
month = "9",
doi = "10.1111/raju.12022",
language = "English",
volume = "26",
pages = "456--485",
journal = "Ratio Juris",
issn = "0952-1917",
publisher = "Basil Blackwell",
number = "3",

}

What is "law," if "the law" is not something that "is"? A modest contribution to a major question. / Svantesson, Dan Jerker B.

In: Ratio Juris, Vol. 26, No. 3, 09.2013, p. 456-485.

Research output: Contribution to journalArticleResearchpeer-review

TY - JOUR

T1 - What is "law," if "the law" is not something that "is"? A modest contribution to a major question

AU - Svantesson, Dan Jerker B

PY - 2013/9

Y1 - 2013/9

N2 - 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.

AB - 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.

UR - http://www.scopus.com/inward/record.url?scp=84881093789&partnerID=8YFLogxK

U2 - 10.1111/raju.12022

DO - 10.1111/raju.12022

M3 - Article

VL - 26

SP - 456

EP - 485

JO - Ratio Juris

JF - Ratio Juris

SN - 0952-1917

IS - 3

ER -