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from Part I - General Theory
Published online by Cambridge University Press: 15 June 2020
Recent work in philosophy of law includes many discussions of law’s ‘nature or essence’, understood as those properties of law that are necessary, or at least important and typical or characteristic of ‘law as such, wherever it may be found’1 (or that help explain how and why law can be considered a kind, and laws or legal systems its instances or instantiations). Some hold that law has no nature; only natural objects have a nature, and law is artefactual, not natural. Others reply that there are kinds of artefacts: paper clips differ in nature from printer drivers, and being a soft cheese blob excludes being a paper clip – excludes being something of that kind or nature. Attention is shifting promisingly to paradigms of artefact more relevant to law than paper clips are: assertions, for example.2
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