The Idea of Legal Records

Abstract

In this paper I attempt to isolate and define the specific kind of power or force that typifies legal acts. I use the idea of legal records to do this. My method involves distinguishing between what I refer to as plain legal files (an official piece of paper or official electronic file) and legal records. I say that the idea of legal record is more than the idea of a plain file because it contains other notions, such as legal acts and legal power or force. I situate my exploration of legal force is relation to John Austin’s famous command theory of law which says that law is command backed by threat. I say that Austin is essentially correct, and the idea of legal records shows why.