‘Need’ and ‘Necessity’ in Law: A Conceptual Inquiry through Intension and Extension

The invocation of fundamental legal concepts has been compromised due to a failure to appreciate two distinct elements of such concepts: that of their intension and extension. This paper seeks to prove, primarily through the scope of 'need' and 'necessity', that neglecting this distinction has had alarming ramifications for both legal theory and case law.

This is so for 'need' and 'necessity' individually, but the difficulties encountered in relation to these (while significant) are merely symptoms; attributable to a widespread disregard for distinguishing intension and extension. Drawing on legal theory, philosophy of language and case law, this paper attempts to resolve these misconceptions.