Can There Be an Artifact Theory of Law?

Ratio Juris 29 (3):385-401 (2016)

Abstract

The idea that particular legal institutions are artifacts is not new. However, the idea that the “law” or “legal system” is itself an artifact has seldom been directly put forward, due perhaps to the ambiguities surrounding philosophical inquiries into law. Nevertheless, such an idea has recently been invoked more often, though not always developed in detail in terms of what the characterization of the “law” or “legal system” as an artifact entails ontologically, and what consequences, if any, this has for philosophical accounts of law. As a result, the primary aim of this paper is to attempt an inquiry into what the claim that “law” by its nature or character is an artifact entails, and what an artifact theory of law might look like.

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Author's Profile

Luka Burazin
University of Zagreb

References found in this work

The Concept of Law.Stuart M. Brown - 1963 - Philosophical Review 72 (2):250.
The Construction of Social Reality.Alan Nelson - 1995 - Ethics 108 (1):208-210.
Realism and Human Kinds.Amie L. Thomasson - 2003 - Philosophy and Phenomenological Research 67 (3):580–609.
Natural Law and Natural Rights.Richard Tuck - 1981 - Philosophical Quarterly 31 (124):282-284.

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Citations of this work

Counting Experiments.Jonathan Livengood - 2019 - Philosophical Studies 176 (1):175-195.
In Defence of Constitutive Rules.Corrado Roversi - 2021 - Synthese 199 (5-6):14349-14370.
The Limits of Theoretical Disagreements in Jurisprudence.Adam Dyrda & Tomasz Gizbert-Studnicki - 2022 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 35 (1):117-142.

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