ABSTRACT

In the previous chapter, we gained a sufficiently clear view of our subject by offering a defence of a unitary theoretical concept of law, illustrating how that concept is arrived at by means of filtering pre-theoretical data, and prescribing methodological minimalism and adherence to the principle of descriptive-conceptual reciprocity. In this chapter, we shall face a problem in legal theory which arises not from the subject matter directly, but from the presence of competing explanations of it. Several contemporary legal theories claim to provide an account of the concept of law, yet they often contradict each other in their descriptions of key features of legal systems, such as the role moral-political norms play in charter adjudication, and whether such norms are constrained or excluded by the need for legal authority.