Law as an Artifact

Nonfiction, Reference & Language, Law, Jurisprudence
Cover of the book Law as an Artifact by , OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9780192555151
Publisher: OUP Oxford Publication: August 9, 2018
Imprint: OUP Oxford Language: English
Author:
ISBN: 9780192555151
Publisher: OUP Oxford
Publication: August 9, 2018
Imprint: OUP Oxford
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from OUP Oxford

Cover of the book Employment and Development by
Cover of the book The Oxford Companion to Family and Local History by
Cover of the book Oxford Handbook of Endocrinology and Diabetes by
Cover of the book The Renaissance Bazaar by
Cover of the book Rationality and Reflection by
Cover of the book Locke's Touchy Subjects by
Cover of the book The End of Outrage by
Cover of the book Transnational Commercial Law by
Cover of the book Comedy: A Very Short Introduction by
Cover of the book An Introduction to Transnational Criminal Law by
Cover of the book Lectures on New Testament Theology by
Cover of the book Why Read Marx Today? by
Cover of the book Oxford Desk Reference: Clinical Genetics and Genomics by
Cover of the book The History of Chemistry: A Very Short Introduction by
Cover of the book Mega-Regional Trade Agreements: CETA, TTIP, and TiSA by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy