Law as an Artifact读书介绍
| 类别 | 页数 | 译者 | 网友评分 | 年代 | 出版社 |
|---|---|---|---|---|---|
| 书籍 | 304页 | 2020 | OUP Oxford |
| 定价 | 出版日期 | 最近访问 | 访问指数 |
|---|---|---|---|
| GBP 60.00 | 2020-02-20 … | 2020-12-05 … | 68 |
This volume assembles leading scholars to examine how their respective theoretical positions relate to the artifactual nature of law. It offers a complete analysis of what is ontologically entailed by the claim that law - including legal systems, legal norms, and legal institutions - is an artifact, and what consequences, if any, this claim has for philosophical accounts of law.
Examining the artifactual nature of law draws attention to the role that intention, function, and action play in the ontological structure of law, and how these attributes interact with rules. It puts the role of author and authorship at the center of its analysis of legal ontology, and widens the scope that functional analysis can legitimately have in legal theory, emphasizing how the content of law depends on how it is used. Furthermore, the appeal to artifacts brings to the fore questions about the significance of concepts for the existence of law, and makes available new tools for legal interpretation. The notion of artifactuality offers a starting point from which to approach the basic dilemma of whether it is meaningful to search for essential, necessary, and sufficient features of law, a question that in current legal theory is put when deciding what kind of enterprise legal theory is from a methodological point of view, namely whether it is descriptive or prescriptive. This volume unearths insights and observations of value to all those looking to deepen their understanding of how the law is understood and experienced.
作者简介Luka Burazin is an assistant professor at the University of Zagreb.
Kenneth Einar Himma is a Continuing Visiting Professor at the Faculty of Law, University of Belgrade.
Corrado Roversi is an assistant professor at the University of Bologna.
Contributors:
Brian Leiter
Frederick Schauer
Andrei Marmor
Corrado Roversi
Luka Burazin
Kenneth Einar Himma
Kenneth Ehrenberg
Giovanni Tuz...
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