Synthesis philosophica, Vol. 29 No. 1, 2014.
Izvorni znanstveni članak
On the Essential Contestedness of the Concept of Law. Gallie’s Framework for Essentially Contested Concepts Applied to the Law
Bojan Spaić
; University of Belgrade, Faculty of Law, Belgrade, Serbia
Sažetak
The article examines the inadequacies of different approaches in defining the concept of law in legal theory and suggests that by categorizing the concept of law as essentially contested we can account for permanent conceptual disputes in legal theory. The author argues that the concept of law fits five descriptive criteria for essential contestedness suggested by Walter Bryce Gallie. It is further suggested that by taking this point of view makes us deflate the value of definitions understood in terms of necessary and universally valid explanations of a concept, and emphasize the importance of different conceptions of key concepts in legal theory.
Ključne riječi
concept of law; essential contestedness; legal theory; philosophy of law
Hrčak ID:
138259
URI
Datum izdavanja:
26.11.2014.
Posjeta: 1.807 *