The Nature and Functions of Law: Two Conjoined Questions

Abstract

Whoever practises the analytical style must distinguish those things he intends to deal with. For example, in dealing with law, he must distinguish the question of what law is from the question of what law exists for. Although both questions belong to the explanatory level, they are different questions. Likewise, at the normative level, one must distinguish the question of why have law from the question of whether law should be obeyed. In this short paper I intend to consider only the two questions from the explanatory sphere referred to above. The problem I intend to raise in the article is that, although the questions are different, it seems very difficult - not to say impossible - to answer one of the questions without answering the other.