Naslov
The Concept of Law as an Artifact Concept

Autori
Burazin, Luka

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, neobjavljeni rad, znanstveni

Skup
Ontology and Politics of Institutions

Mjesto i datum
Beograd, Srbija, 05.11.2012. - 06.11.2012

Vrsta sudjelovanja
Pozvano predavanje

Vrsta recenzije
Nije recenziran

Ključne riječi
concept of law; artifact concept; hermeneutic concept; institutional ontology

Sažetak
'Law' is often a) analysed in the concept monism fashion, b) by decomposing it into its essential or necessary features, and c) in line with its assumed hermeneutic nature that calls for an investigation into our law-talk with the aim of determining the concept of law. Assuming that the concept of law is determined by more than a mere understanding of those subject to law, consideration should be given to whether the concept of law is (exclusively) a hermeneutic concept or whether it would be more fruitful to explain law as a human artifact (based on the general theory of artifacts) and thus also the concept of law as an artifact concept (determined not only on the basis of how its addressees understand it but also on the basis of the intentions of the law-makers). Finally, if one were to accept that the concept of law is to be analysed as an artifact concept while taking into account the fact that the concept monism of today has failed to produce any adequate results, the possibility of accepting concept pluralism with respect to the concept of law (following the example of new tendencies in the philosophy of art) should be considered with the aim of creating an environment that opens up new lines of inquiry for legal theory and allows for a more fecund reappraisal of the existing conceptions of law.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA