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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Law and Philosophyarrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
Law and Philosophy
Article . 1986 . Peer-reviewed
License: Springer TDM
Data sources: Crossref
Law and Philosophy
Article . 1986 . Peer-reviewed
Data sources: Crossref
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The ideal element in a definition of law

Authors: Kenneth I. Winston;

The ideal element in a definition of law

Abstract

John Rawls has advised us that definitions cannot settle fundamental questions. The merit of a definition depends on the theory in which it is embedded. Analyses of meaning, therefore, have no privileged status but must be assessed as elements of a larger theoretical 'enterprise.1 As applied to law, Rawls' advice is well taken. Disagreements over definitions of law are invariably correlated with differences in fundamental elements of the theories which contain them. It does not follow, of course, that the disagreements are empty exercises over matters that are 'merely verbal'. Rather, the definition serves as a proxy for the deeper issues at stake. A more direct approach would be to examine each alternative theory taken as a whole. On the other hand, one test of the soundness of a theory of law could be the adequacy of the definition it yields, especially if adequacy is tested by certain pretheoretical criteria. We might agree with Morris Cohen, for example, that a good definition organizes the subject matter in such a way as to help us grasp more clearly the fundamental patterns in our field of study. "In this respect so[me] definitions are certainly more helpful than others."2 It may make sense, therefore, as a preliminary exercise, to develop criteria of definitional adequacy even before elaborating a complete theory. That is the premise of the following exploration. What motivates this inquiry is Lon Fuller's elaboration of a con-

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
21
Average
Top 10%
Average
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