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MacCormick expresses a similar argument, although in different terms. According to MacCormick, the law has no natural existence, no set form and no fixed ontology. In fact, according to this line of reasoning, "the law has no natural role because the law is not a brute fact."
Instead, the law is what MacCormick calls a "thought object," similar to the concept of Love presented in the other article. According to MacCormick's thought object, the law only exists because humans believe in it. In other words, the law does not pre-exist our observation but is instead is constituted in that original decision to designate a specific law. As MacCormick states, "Law is constituted as an object of observation...
This being the case, both authors present a similar, basic theory of jurisprudence arguing that because law is not natural, there is no rule of law. Instead laws exist as a general guide to be applied to specific situations as dictated by the emotionally involved human decision maker.
Bibliography
Bankowski, Z. (1996): Law, Love and Computers.
MacCormick, D.N. (1989): The Ethics of Legalism.
Bibliography
Bankowski, Z. (1996): Law, Love and Computers.
MacCormick, D.N. (1989): The Ethics of Legalism.
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