Law is not (best considered) an essentially contested concept

被引:5
|
作者
Ehrenberg, Kenneth M. [1 ]
机构
[1] SUNY Buffalo, Buffalo, NY 14260 USA
关键词
D O I
10.1017/S174455231100005X
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria offered for essential contestation. I buttress this claim with the explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it would yield a greater understanding of uses of the concept to which it is applied. I then show that, even if law meets some basic criteria of essential contestation, applying the appellation does not helpfully illuminate the most general concept of law and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law.
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页码:209 / 232
页数:24
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