David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 20 (1):31-59 (2001)
In this article, I argue that law has two oftenneglected functions: the expressive and thecommunicative functions. They are especially importantfor legislation on moral issues, such as biomedicalethics and anti-discrimination law. The communicativefunction of law is a complex one: law may create anormative framework, a vocabulary to structurenormative discussions, as well as institutions andprocedures that promote further discussion. Theexpressive function of law is at stake when itexpresses which fundamental standards, which valuesare regarded as important. The recognition of thesefunctions is not only important for descriptivepurposes; it is also fruitful for normative theory.
|Keywords||Law Logic Philosophy of Law Law Theory/Law Philosophy Political Science Social Issues|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
W. Burg (2001). The Expressive and Communicative Functions of Law, Especially with Regard to Moral Issues. Law and Philosophy 20 (1):31-59.
Wibren Van der Burg & Frans Brom (2000). Legislation on Ethical Issues: Towards an Interactive Paradigm. [REVIEW] Ethical Theory and Moral Practice 3 (1):57-75.
Wibren Van Der Burg & Frans W. A. Brom (2000). Legislation on Ethical Issues: Towards an Interactive Paradigm. Ethical Theory and Moral Practice 3 (1):57 - 75.
R. Pierce (2011). The Expressive Function of Public Health Policy: The Case of Pandemic Planning. Public Health Ethics 4 (1):53-62.
Avihay Dorfman (2010). Can Tort Law Be Moral? Ratio Juris 23 (2):205-228.
Mark C. Murphy (2007). Philosophy of Law. Blackwell Pub..
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Added to index2009-01-28
Total downloads16 ( #225,672 of 1,796,591 )
Recent downloads (6 months)2 ( #346,490 of 1,796,591 )
How can I increase my downloads?