What Legislation Is (Not)

Law and Philosophy (Forthcoming)

30 Pages Posted: 13 May 2022 Last revised: 19 Apr 2023

See all articles by Asif Hameed

Asif Hameed

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Date Written: April 4, 2023

Abstract

We may sharpen our understanding of legislation by juxtaposing it with other types of legal act. John Gardner attempts to differentiate legislation from legal rulings - an unusual juxtaposition in itself - and his claims about the difference are surprising. Legal rulings are legally binding pronouncements issued by judges – eg ‘A owes B $50 in compensation’. The article questions the analysis advanced by Gardner and endorsed by other accounts. We instead offer an alternative distinction, and in so doing seek to clarify what legislation is by what it is not.

Keywords: legislation, law-making, legal rulings, judicial orders

JEL Classification: K00, K10, K19, K30, K39, K40, K49

Suggested Citation

Hameed, Asif, What Legislation Is (Not) (April 4, 2023). Law and Philosophy (Forthcoming), Available at SSRN: https://ssrn.com/abstract=4108437 or http://dx.doi.org/10.2139/ssrn.4108437

Asif Hameed (Contact Author)

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Kowloon, Sha Tin
Hong Kong

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