The Notion of Law

2026

Closed access Metadata (CSL-JSON)
DOI 10.1007/978-94-6265-711-3_6
Data confidence 70 medium
How this score is calculated

It is built from checkable properties of the record itself: whether the article has a DOI, how many independent sources confirmed its data, whether the required fields are filled in, and how recent the latest confirmation is. Disagreement between sources and a missing identifier lower it. A value of 80 or above means the record was published without further checking; 60 to 79 means it is published at reduced confidence, with a manual check advisable. A record verified by an editor by hand is never pushed below 90 by a recalculation. This scores our data about the article, not the article itself.

Abstract

This chapter addresses one of the most foundational and contested questions in legal theory: what is law? The chapter surveys the major approaches to understanding and defining law (normativist, naturalist, and sociological) highlighting their respective strengths and limitations. It argues that each perspective captures essential but partial truths, and makes the case for an integrative or synthetic approach as the most comprehensive and context-sensitive understanding. Law, in this view, is a system of normative standards rooted in justice and equality, protected by society, and designed to regulate the interactions of free wills in a pluralistic environment. The chapter explores the core characteristics of law: normativity, generality, systematicity, binding nature, and the balance between stability and dynamism. It presents law as a distinctive social regulator, contrasting it with morality, religion, and custom. Further sections analyze the legal significance of volition and interest, the concepts of legal object and subject, and the critical dichotomy of ius (law as justice) versus lex (law as state-enacted norm). The chapter concludes that a meaningful theory of law must reconcile moral principles with formal legal structures, especially in post-Soviet societies still influenced by rigid positivist legacies.