I'hcre arc two criticisms that can he let oiled against each conceptual construction \\\\\; droit/Rcchr. rhe first criticismpertains to the actual construction itself which can appear either inconsistent or unclear. One section ma\' seem positi\ istic only for the next to come across as clearh naturalistic, fhe concept of law can also he so constructed as to lea\e the reader in doubt as to how she ought to understand it, of being too obscure for definition. The second criticism concerns the choice of a particular concept of law to be constructed and we could therefore speak, of its suitability. I’yen with a clear and consistent conceptual construction, it ma\' be that another concept of law ought to ha\ e been constructed, d'he author may feel constrained b\ a particular context, such as the felt need to dip an account on the fascist \ ears in naturalistic d\es, yet needs to keep in mind that the reader will to some extent carr\’ the image of law with her regardless of context. 1 do not wish to deb e into what these legal theories are. 1 do not deem nn self competent to make such an analysis, nor do 1 think this essa\' to be the right forum for such a discussion, ^et a few words are in order to orient the reader in m\' usage of the labels in this essay, f urther, it is nor the point of this article to present m\’ work to date but to gi\ e a flaxour of what my project entails. 1 ha\ e therefore chosen to limit nn self to one of the theories, naturalism. It ma\' not be the most interesting one but it is fairly straight-forward. S/ifnni/isin. 'The w riters who in the literature on jurisprudence are referred to as naturalists tend to argue that there is a 'higher' law of sorts, regardless of human law-making, and that this 'higher' law is valid as well as binding' This law is spoken of as originating in a source other than human law-making, for which (iod, nature or man's reason have been put forward as possible sources. It is sometimes also spoken of as 'discov ered', a v erb suggestiv e of an object's 23
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