Can Legal Theory Assist in Our Understanding of Law?

Can Legal Theory Assist in Our Understanding of Law?

By convention, ‘the law’ generally refers to a system of rules that are usually enforced through a set of institutions for social control. Nonetheless, a more precise definition of the law has largely eluded legal theorists, who have attempted to advance their own individual fixed concepts of law. However, law is a dynamic and diverse system that encompasses too many socio-political phenomena for one universal definition. Even if a theory is able to achieve a uniform conceptualization of law, its conceptual clarity satisfies itself and little else – it still fails as an optimal, comprehensive understanding of what law actually is and how it actually operates.

As such, this essay argues that the true value of individual theories is in assisting our understanding of law in limited scopes. A legal theory can assist in our practical understanding of the law as long as we are able to identify the scope and precise role each theory plays, through an overt recognition of its limitations, and apply it accordingly.

This essay further proposes that a theory of law that is ‘pure’ and not conflated with external concepts will better assist us in our practical understanding of the law. Theories like Critical Legal Studies (CLS) conflate the question of law with concepts like politics, rendering them ultimately ineffective in aiding our understanding of the law. In contrast, Dworkin, Hart and Austin’s concepts of law are more willing to examine law without conflating it with external concepts, and provide analytical frameworks that can enlighten our practical understanding of the law.

CLS

Traditionally, CLS stands for the idea that ‘all law is politics’ – and thus, the law is n...

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...d a greater voice in the legal system. This is especially pertinent in the Asian context, where feminist perspectives remain on the periphery of legal inquiry as patriarchal and hierarchical structures have not facilitated an adequate appreciation of feminist perspectives in law and society.

Conclusion:

This essay has demonstrated that theories of law can indeed assist us in our understanding of the law. What is important to note is that these theories are only approximations of the law, however close they may be, and that they may ultimately differ from practical experience. After all, “Theory is built on ignorance” (Halpin, Law, theory and practice: conflicting perspectives?, 2000). As such, when practical experience proves otherwise, one needs to know when to let go of legal theory and return to relying on the knowledge derived from practical experience.