Naslov
Legal Systems as Abstract Artifacts

Autori
Burazin, Luka

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
The Artifactual Nature of Law

Urednik/ci
Burazin, Luka ; Himma, Kenneth Einar ; Roversi, Corrado ; Banas, Pawel

Izdavač
Edward Elgar Publishing

Grad
Cheltenham

Godina
2022

Raspon stranica
1-15

ISBN
978 1 80088 591 2

Ključne riječi
legal system, artifact, abstract artifact, social ontology

Sažetak
The paper claims that legal systems qua (sequences of) sets of legal norms fit neither of the two traditional ontological categories of entities. Although in an important sense related to contingent concrete entities such as legal officials, citizens, legal practice and normative documents, legal systems themselves are not concrete physical particulars. Further, while abstractions and as such intangible, immaterial and lacking a spatial location in the strict sense, they cannot be categorized as Platonistic ideal abstracta. By applying Thomasson’s artifactual theory, the paper argues that legal systems are best conceived as abstract artifacts, i.e., created immaterial objects existentially dependent on a variety of other entities. Legal systems are immaterial, with no spatial location in the strict sense, and are thus in this sense abstract entities. However, they are located in time and treated by us as created entities (and thus artifacts) that depend on a number of concrete entities for both their coming into existence and remaining in existence. Finally, the paper explains the ways in which legal systems existentially depend on legal officials, citizens, legal practice and normative documents.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA