Description
Book SynopsisThis thought-provoking book develops and elaborates on the artifact theory of law, covering a wide range of related theoretical and practical topics. Offering a range of perspectives that flesh out the artifact theory of law, it also introduces criticisms of previous formulations of the theory and inquires into its potential payoffs.
Featuring international contributions from both noted and up-and-coming scholars in law and philosophy, the book is divided into two parts. The first part further explores and evaluates the concept of law as an artifact and analyses the background and theoretical basis of the theory. The second part comprises three sections on legal ontology, semantics and legal normativity, specifically in relation to law’s artifactual nature.
Providing cutting-edge insights at the intersection of law and philosophy, this book will appeal to scholars and students in philosophy of law, empirical legal studies, social ontology and the philosophy of society.
Trade Review'The Artifactual Nature of Law
is a great collection of chapters that deal with the nature of law and legal systems. The idea of law as an artifact sheds new light on the ontology, semantics and normativity of law. Additionally, the book explores fascinating topics such as the functions of law and the nature of institutional beliefs and intentions.' -- Giovanni Tuzet, Bocconi University, Italy
‘The Artifactual Nature of Law
presents a truly impressive collection of perspectives, drawn from cutting edge work across several areas of philosophy, to arrive at a rich set of reflections on central questions in legal theory. It offers the most advanced look at law’s artifactual nature to date.’ -- Michael Giudice, York University, Canada
Table of ContentsContents: Introduction to The Artifactual Nature Of Law viii 1 Legal systems as abstract artifacts 1 Luka Burazin 2 Intentions in artifactual understandings of law 16 Kenneth M. Ehrenberg 3 Defects and failures in legal artifacts 37 Jonathan Crowe 4 In search of the functions of the legal system: classificatory and analytical stages 47 Mario Krešić 5 The ethical dimension of institutional beliefs 66 Adam Dyrda 6 Both directions at once? A Thomistic response to the artifactual theory of law 89 Petar Popović 7 External recognition and what grounds legal facts 111 Zuzanna Krzykalska 8 Law and its artifacts 128 Miguel Garcia-Godinez 9 Legal officials and artifact theory of law 147 Paweł Banaś 10 On the reference of artifactual kind terms in legal discourse 162 Lucila Fernández Alle 11 The law of fiction or the fiction of law? A study of what abstract artifact theory can reveal about mixed inferences 179 Izabela Skoczeń 12 Facts, artifacts, and law-given reasons 199 Noam Gur Index
