An Essay on Legal Concept Formation
In view of the exceedingly important role the use of concepts of various kinds plays in law it is undoubtedly a trifle surprising that within analytical jurisprudence the question of the functions of legal concept formation in general has been subjected to so little analysis. From one point of view, law is a technology of rules and concepts and this technology makes use of concepts with very different functions and of varying logical status. Concepts of and about law have no given meaning that is fixed for all time. They are concepts that have a function in legal argumentation, either by reason of their inclusion in the formulation of legal problems or their solutions, or because they provide the very framework for legal argumentation. In law, concepts and argumentation coalesce to form one unit. Not that the idea that legal concepts ought to be analysed on the basis of their function is a completely new one.
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