Law's Artifactual Nature: How Legal Institutions Generate Normativity
George Pavlakos and Veronica Rodriguez-Blanco (eds), Reasons and Intentions in Law and Practical Agency (Cambridge University Press, 2015) pp. 247-266
20 Pages Posted: 13 Nov 2015 Last revised: 21 Nov 2015
Date Written: November 11, 2015
I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.
Keywords: jurisprudence, legal norms, institutions, artifacts, John Searle, Amie Thomasson, David Enoch
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