Archiwum
Filozofii Prawa
i Filozofii Społecznej

Journal of the Polish Section of IVR (ISSN:2082-3304)

IVR
  • General info
  • Aim & scope
  • News
  • Issues
    • Current Issue
    • Past Issues
  • Editorial board
    • Board Members
    • Reviewers
  • For authors / Ethics
  • Contact
  • Polski

Is the concept of law an essentially contested concept?

Dr Adam Dyrda

Jagiellonian University

English abstract: Some legal thinkers (R. Dworkin amongst them) suppose that the concept of law is an essentially contested concept. This article firstly introduces the idea of essentially contested concepts, developed by W.B. Gallie. Secondly, it is argued that the concept of law cannot be perceived as an essentially contested concept, though some related concepts (such as “the rule of law”, according to J. Waldron’s analysis) can. Finally, I propose some arguments, in which I partly follow K. Ehrenberg’s recent analysis, showing that in Dworkinean terms, calling law an essentially contested concept may raise doubts and controversy.

Keywords: contestation, concept, conception, essentially contested concepts

Language: Polish

Published: Number 1(6)/2013, pp. 54-67.

Download: Download
Number of downloads:
67

Filed Under: Articles Tagged With: concept, conception, contestation, essentially contested concepts

Categories

  • Articles
  • Editorial
  • In Memoriam
  • News
  • Reports
  • Reviews and discussions

Keywords

judicial argumentation social interest advocate doctors multicentrism interpretation libertarianism law and ethics semantic sting judicial reasoning the Other pragmatics Sylwia Wojtczak electoral campaign reason Slavoj Žižek teleological ethics individual and political freedom limits of legal interpretation Sabina Kruszyńska essentialism political responsibility legal status of animals human rights Agnieszka Bielska-Brodziak postulate of criticism cultural defence Jan Winczorek symbolic law US case law claim to correctness ethical naturalism legal reasoning institutionalization of collective memory scrivener’s error concept Michał Wieczorkowski dualism of law Constitutional Tribunal intellectual property infringement statutory interpretation emergency situation Tomasz Pietrzykowski legal database social responsibility Adam Sulikowski theory of law małgorzata król legal principles conscientious exemptions MacCormick

Copyright © 2021 Polska Sekcja Międzynarodowego Stowarzyszenia Filozofii Prawa i Filozofii Społecznej IVR | Administrator strony: Dawid Milczarek

Ta strona używa plików cookies. Zakładamy, że wyrażają Państwo na to zgodę, ale mogą Państwo także wyłączyć pliki cookies w Ustawieniach. //
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. (Zob. więcej // Read more) Ustawienia // SettingsZGODA // ACCEPT

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.

Necessary Always Enabled

Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

Non-necessary

Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.