In Search of the Functions of the Legal System: Axiomatic and Methodological Stages
In Search of the Functions of the Legal System: Axiomatic and Methodological Stages
Author(s): Mario KrešićSubject(s): Law, Constitution, Jurisprudence, Social Philosophy, Philosophy of Science, Philosophy of Law, Ontology
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: artifact; legal system; function; essentialism; conventionalism; minimum content of law
Summary/Abstract: The theory of artifacts can be understood as primarily focusing on function when counting something as an artifact. With that starting point, projects aimed at the identification of the function of law contribute to arguments about categorizing law as an artifact. The purpose of this study is to highlight the challenges of this endeavor. Before beginning with search for law-functions, questions about the postulates on the relations between an artifact, law, and function (axiomatic stage) have to be addressed and the proper methodological approach must be found which is capable of addressing the contingency problem (methodological stage).
Journal: Acta Universitatis Carolinae Iuridica
- Issue Year: 70/2024
- Issue No: 4
- Page Range: 11-30
- Page Count: 20
- Language: English
