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Oxford University Research Archive
Part of book or chapter of book . 2016
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Oxford University Research Archive
Part of book or chapter of book . 2016
SSRN Electronic Journal
Article . 2008 . Peer-reviewed
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Is Bad Law Still Law? Is Bad Law Really Law?

Authors: Dickson, J;

Is Bad Law Still Law? Is Bad Law Really Law?

Abstract

In this article, I discuss various substantive and methodological issues in jurisprudence, prompted by Neil MacCormick's views in Part 4 of his Institutions of Law. I begin by surveying some contemporary legal theoretical views on whether bad law is still, or is really, law, before moving on to compare John Finnis' and Neil MacCormick's views on this question, and on related methodological issues. I attempt to develop and begin to defend a position wherein although it is necessary to understand law's aims, and the values which it ought to realise in order properly to understand its nature, the failure to achieve those aims or to realise those values does not thereby render something less than fully law.

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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!
4
Average
Average
Average
Green