Article first published online: 3 AUG 2012
© 2012 The Author. Ratio Juris © 2012 Blackwell Publishing Ltd.
Volume 25, Issue 3, pages 301–317, September 2012
How to Cite
GRANT, C. (2012), Secret Laws. Ratio Juris, 25: 301–317. doi: 10.1111/j.1467-9337.2012.00515.x
- Issue published online: 3 AUG 2012
- Article first published online: 3 AUG 2012
There is a thesis that legal rules need to be made public because people cannot guide their conduct by rules they cannot know. This thesis has been a mainstay of anti-positivism and the controversy over it continues apace. However, positivism can accommodate the secret laws thesis. The deeper import of the debate over secret laws concerns our understanding of law's nature. In this regard secrecy merits attention as a candidate necessary connection between law and immorality. In addition the mediating role of lawyers as experts in ascertaining the law should be highlighted. It has been widely overlooked despite the fact that lawyers are criterial in Hart's concept of law.