Chapter

On the Individuation of Laws

Joseph Raz

in The Concept of a Legal System

Second edition

Published in print July 1980 | ISBN: 9780198253631
Published online March 2012 | e-ISBN: 9780191681417 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198253631.003.0005
On the Individuation of Laws

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The problem of the individuation of laws is the link between the analysis of a law and that of a legal system, and as such it is of immense importance to legal philosophy. This chapter argues that previous legal philosophers, with the exception of Bentham, did less than justice to the importance of this subject. All of them regarded their principles of individuation, in so far as they had any, as determined exclusively by their explanations of a norm, and overlooked their relevance to the theory of legal system. It is further argued that an adequate explanation of the structure of legal systems depends on a proper approach to the problem of individuation. The chapter presents a preliminary discussion of the problem of the individuation of laws.

Keywords: individuation of laws; Kelsen; Bentham; legal theory; legal system

Chapter.  9159 words. 

Subjects: Jurisprudence and Philosophy of Law

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