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The Artifactual Nature of Law

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The Artifactual Nature of Law

9781800885912 Edward Elgar Publishing
Edited by Luka Burazin, Kenneth Einar Himma, Department of Legal Theory, Faculty of Law, University of Zagreb, Croatia, Corrado Roversi, Department of Legal Studies, University of Bologna, Italy and Paweł Banaś, Faculty of Law and Administration, University of Warsaw and Jagiellonian Centre for Law, Language and Philosophy, Jagiellonian University, Poland
Publication Date: 2022 ISBN: 978 1 80088 591 2 Extent: 256 pp
This thought-provoking book develops and elaborates on the artifact theory of law, covering a wide range of related theoretical and practical topics. Featuring international contributions from both noted and up-and-coming scholars in law and philosophy, it offers 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.

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Critical Acclaim
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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.
Critical Acclaim
'The Artifactual Nature of Law is a great collection of chapters that deal with the nature of law and legal systems. The idea of law as an artifact sheds new light on the ontology, semantics and normativity of law. Additionally, the book explores fascinating topics such as the functions of law and the nature of institutional beliefs and intentions.'
– Giovanni Tuzet, Bocconi University, Italy

‘The Artifactual Nature of Law presents a truly impressive collection of perspectives, drawn from cutting edge work across several areas of philosophy, to arrive at a rich set of reflections on central questions in legal theory. It offers the most advanced look at law’s artifactual nature to date.’
– Michael Giudice, York University, Canada
Contributors
Contributors include: Paweł Banaś, Luka Burazin, Jonathan Crowe, Adam Dyrda, Kenneth M. Ehrenberg, Lucila Fernández Alle, Miguel Garcia-Godinez, Noam Gur, Mario Krešić, Zuzanna Krzykalska, Petar Popović, Izabela Skoczeń
Contents
Contents:

Introduction to The Artifactual Nature Of Law viii
1 Legal systems as abstract artifacts 1
Luka Burazin
2 Intentions in artifactual understandings of law 16
Kenneth M. Ehrenberg
3 Defects and failures in legal artifacts 37
Jonathan Crowe
4 In search of the functions of the legal system: classificatory
and analytical stages 47
Mario Krešić
5 The ethical dimension of institutional beliefs 66
Adam Dyrda
6 Both directions at once? A Thomistic response to the
artifactual theory of law 89
Petar Popović
7 External recognition and what grounds legal facts 111
Zuzanna Krzykalska
8 Law and its artifacts 128
Miguel Garcia-Godinez
9 Legal officials and artifact theory of law 147
Paweł Banaś
10 On the reference of artifactual kind terms in legal discourse 162
Lucila Fernández Alle
11 The law of fiction or the fiction of law? A study of what
abstract artifact theory can reveal about mixed inferences 179
Izabela Skoczeń
12 Facts, artifacts, and law-given reasons 199
Noam Gur

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