Law as an Artefact
11 Pages Posted: 24 Apr 2019
Date Written: March 31, 2019
In this paper, I aim to explore the claim that law is an artefact and the implications to our understanding of law and legal entities. For that purpose, I intend to review the general theory of artefacts and to revisit the artefactual nature of law to determine what sort of sub-kind law is. I argue that the relevant authorial intention is not the productive but the reproductive one, i.e. the collective recognition. Finally, I conclude that law and other legal entities are indeed artefacts broadly speaking, but they are much more than mere artefacts, i.e. complex institutions and institutional practices, comprising different sub-institutions, which require not only recognition, but also (re)evaluation and (re)interpretation, as I suggest by pointing to the forms of government, in general, and to democracy, in particular.
Keywords: Artefact, Function, Institution, Evaluation, Interpretation, Recognition, Law, Nature
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