Some Types of Law

John Gardner

in Law as a Leap of Faith

Published in print September 2012 | ISBN: 9780199695553
Published online January 2013 | e-ISBN: 9780191741296 | DOI:
Some Types of Law

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this chapter is concerned with the classification of laws according to how they are made. This is already a philosophically partisan enterprise. Some laws, say some people, are not made at all. They are not artefacts. They have no agent(s) who serve as their originator or creator or author. By demystifying some of the intriguing ways in which laws are made, the chapter hopes to remove some of the appeal of this view. The first three sections consider, respectively, legislated law, customary law, and case law. In the fourth section the chapter discusses common law: How does it fit in? The final section concludes that all the types of law discussed here are types of positive law. There is, it suggests, no other type of law but positive law, i.e. law that is made.

Keywords: legislation; case-law; custom; common law; intention; explication; collective agency

Chapter.  14279 words. 

Subjects: Jurisprudence and Philosophy of Law

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