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Conceptual explanation and contingency

In: Understanding the Nature of Law

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Abstract

Using Hart’s conceptual theory of law as an illustration, this chapter shows how analytical legal theory has internal resources enabling it to characterize law in terms of contingent features and relations, and not just the necessary features and relations it has historically sought to find and explain. This chapter emphasizes in particular that Hart’s conceptual theory of law is best understood not as a report of some familiar intuitions about law manifested in ordinary language use, but instead as a philosophical construction, comprised of several interconnected theses presented to highlight important features and relations of law wherever and whenever it exists.

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  • ., 2015. "Conceptual explanation and contingency," Chapters, in: Understanding the Nature of Law, chapter 3, pages 67-89, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:16589_3
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    Cited by:

    1. Piegeler, Monika & Röhl, Klaus-Heiner, 2015. "Gründungsförderung in Deutschland: Ein Aktionsplan gegen sinkende Gründerzahlen," IW policy papers 17/2015, Institut der deutschen Wirtschaft (IW) / German Economic Institute.
    2. Ionuț MIȘA & Meral KAGITCI, 2020. "BEPS – A challenge for the increasing budget revenues in the process of digitalization," Theoretical and Applied Economics, Asociatia Generala a Economistilor din Romania - AGER, vol. 0(4(625), W), pages 331-344, Winter.

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    Law - Academic;

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