The Notion of Law
摘要
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.