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This thought-provoking book develops and elaborates on the artifact
theory of law, covering a wide range of related theoretical and
practical topics. Offering a range of perspectives that flesh out
the artifact theory of law, it also introduces criticisms of
previous formulations of the theory and inquires into its potential
payoffs. Featuring international contributions from both noted and
up-and-coming scholars in law and philosophy, the book is divided
into two parts. The first part further explores and evaluates the
concept of law as an artifact and analyses the background and
theoretical basis of the theory. The second part comprises three
sections on legal ontology, semantics and legal normativity,
specifically in relation to law's artifactual nature. Providing
cutting-edge insights at the intersection of law and philosophy,
this book will appeal to scholars and students in philosophy of
law, empirical legal studies, social ontology and the philosophy of
society.
The fifth volume in the series of the Central and Eastern European
Forum for Legal, Political, and Social Theory Yearbook addresses
two major topics: law and state. The authors shed new light on some
of the classical paradigms in the treatment of these highly
prominent topics and offer novel proposals on how to best approach
them. The contributions were presented and discussed at the 6th CEE
Forum, held in 2014 at the Zagreb Faculty of Law (Croatia) and
peer-reviewed by international experts in the field. The volume's
six thematic parts reflect the main issues discussed: Law and
State, Methodological Approaches, Language and Law, Constitutional
and EU Law, Contemporary State, and State and Crisis.
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.
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