Chapter

The Legality 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: http://dx.doi.org/10.1093/acprof:oso/9780199695553.003.0007
The Legality of Law

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This chapter outlines various different objects of investigation that may be picked out by the word ‘law’ (or its cognates). All of these objects must be investigated in an integrated way before one can provide a complete philosophical explanation of the nature of law. The chapter begins with the distinction between laws (artefacts) and law (the genre to which the artefacts belong). This leads me to the distinction between the law (of a particular legal system) and law (the genre of artefacts). Then the chapter discusses the contrast between law (the genre of artefacts) and law (the practice). Finally the chapter comments on legality as the name of an ideal for laws and legal systems to live up to.

Keywords: lexicography; artefacts; genres; practices; ideals; legal system; legality

Chapter.  7069 words. 

Subjects: Jurisprudence and Philosophy of Law

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