The Inner Logic of the Law


in Ethics in the Public Domain

Published in print August 1995 | ISBN: 9780198260691
Published online March 2012 | e-ISBN: 9780191682148 | DOI:
The Inner Logic of the Law

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This chapter examines a view of the law, often expressed by talk of an inner logic of the law, which states a belief in the inner dynamism of the law. It aims to clarify and explain this belief. It refers to a view common in certain quarters that, while legislated developments in the law reflect political, social, and economic forces, developments in judge-made law are not to be explained by reference to such forces but by the inner logic of the law. However, this is rejected at the end as an exaggeration. This is evident in so far as the impact of directed powers on the development of the law is concerned. The discussion argues that such powers require the courts to use extralegal considerations in developing the law.

Keywords: directed powers; law; inner logic; legal system; legal logic

Chapter.  8404 words. 

Subjects: Jurisprudence and Philosophy of Law

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