Foundations
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Jaap Hage
1.1 What Is Law?
The main question that must be answered in any introduction to law deals with the
nature of law. It does not seem to make much sense to write about law if it is not
clear what law is.
Although the need for characterization of law’s nature is obvious, it is a need that
is not so easily satisfied. The law is multifaceted, and arguably it has been in flux
over the years. In the current age of globalization and Europeanization, it is
changing at high speed. It is therefore not possible to give a short definition of
law from the outset. What is possible, however, is to mention a few characteristics
of law. The majority of legal phenomena shares most of these characteristics, but
not all legal phenomena share all of them.
1.1.1 Some Characteristics of Law
Rules A substantial part of law exists in the form of rules. These rules do not only
specify how people should behave (“do not steal,” “pay taxes”), but they also
contain definitions of terms, create competences, and much more.
An example of a rule that gives a definition can be found in Article 1 of the International
Convention on the Elimination of All Forms of Racial Discrimination, which defines
“racial discrimination” as “...any distinction, exclusion, restriction or preference based
on race, color, descent, or national or ethnic origin which has the purpose or effect of
nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of
human rights and fundamental freedoms in the political, economic, social, cultural or any
other field of public life.”J. Hage (*)
Maastricht European Private Law Institute (M-EPLI), Maastricht University, Maastricht,
The Netherlands
e-mail:[email protected]
J. Hage and B. Akkermans (eds.),Introduction to Law,
DOI 10.1007/978-3-319-06910-4_1,#Springer International Publishing Switzerland 2014
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