Promulgation and the law
Claire Grant
Abstract
Claire Grant
Abstract
This is a paper about promulgation, and whether it is a sine qua non of law. The promulgation question has been treated occasionally in the jurisprudential literature, although typically only as a subordinate theorem. This paper does not attempt a thorough conspectus, seeking rather to serve as an introductory to what is a longstanding problem of general interest and concern. An argument for the proposition that laws are things that can be known will be distinguished from two other ways of responding to the promulgation question, which may be attributed respectively to the late H. L. A. Hart and Lon Fuller. The paper defends this proposition about artefactuality and access, and deals with a number of awkward consequences that appear to ensue from its acceptance.
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This is a paper about promulgation, and whether it is a sine qua non of law. The promulgation question has been treated occasionally in the jurisprudential literature, although typically only as a subordinate theorem. This paper does not attempt a thorough conspectus, seeking rather to serve as an introductory to what is a longstanding problem of general interest and concern. An argument for the proposition that laws are things that can be known will be distinguished from two other ways of responding to the promulgation question, which may be attributed respectively to the late H. L. A. Hart and Lon Fuller. The paper defends this proposition about artefactuality and access, and deals with a number of awkward consequences that appear to ensue from its acceptance.
Key concepts: Promulgation, Argument (complex analysis), Proposition, Sine qua non, Law, Law and economics, Political science, Sociology