Law is an Institution an Artifact and a Practice
In Luka Burazin, Kenneth Einar Himma & Corrado Roversi (eds.),
Law as an Artifact. Oxford, United Kingdom: Oxford University Press. pp. 177-191 (
2018)
Copy
BIBTEX
Abstract
I have argued that law is a genre of institutionalized abstract artifact, meaning that laws are purposive products of human creation designed to signal norms of behavior with respect to them. Its institutional nature is seen in the fact that it is a system of artificial statuses that convey deontic powers to status holders understood in their institutional roles. Following Searle in explaining institutions, however, is also to see the institution as the 'continuing possibility of a practice.' Hence there is no tension in seeing law as both a practice and a genre of artifact.