ABSTRACT

The general theory of law is universal for it consists of claims about the nature of all law, and of all legal systems, and about the nature of adjudication, legislation and legal reasoning, wherever they may be, and whatever they might be. The universality of the theses of the general theory of law is a result of the fact that they claim to be necessary truths, and there is nothing less that they can claim. The instrumentalist conception is liable to attract a number of misguided criticisms. It is sometimes supposed that those who adopt the instrumental approach are committed to an optimistic view about the degree to which political authorities can effect social and economic changes through legal reform. This chapter discusses the way in which the connection between law and authority leads to a dual interest in the study of law. It considers the main way in which the fact that law is authoritative affects its interpretation.