The Conventional Nature of Law

Abstract

The paper analyses the idea of conventionalism and, specifically, legal conventionalism. It distinguishes the different areas of law that have been considered conventional and concludes with the idea that the defenders of legal conventionalism have been concerned above all with responding to each of the criticisms that have been directed at the Hartian approach to the concept of law. It explores whether this view of law can be said to have found itself in a defensive position, which may have led to failure.