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: 321