Flaws and Virtues of<i>An Artifact Theory of Law</i>

García-Godínez, Miguel

doi:10.1111/raju.12230

Ratio Juris

2019

DOI: 10.1111/raju.12230

|View full text |Cite

Flaws and Virtues ofAn Artifact Theory of Law

Miguel García-Godínez

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...

Citation Types

Supporting

Mentioning

Contrasting

Year Published

2021

2023

Publication Types

Select...

Article2

Relationship

Self Cite0

Independent2

Authors

Journals

Cited by 2 publications

References 15 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

Law Without Matter? The Immateriality Thesis: A Critical Commentary

Dudek

2023

Int J Semiot Law

View full text Add to dashboard Cite

Despite its popularity in recent theorisations of law as an artifact, the idea that law is an immaterial being, independent from even the documents that contain legal acts, has not been subjected to a focused analysis. This paper fills this noticeable gap. After providing generalizing account of the Immateriality Thesis, based on its different expositions in the literature, the paper criticises it. First, it argues that it is based on the counterfactual assumption that semantic content can exist beyond any carrier for itself. The paper then elaborates on the thesis’ empirical implausibility, particularly its ignorance of how much the law is as it is due to writing. Third, the paper reveals how the thesis is difficult to combine with other jurisprudential issues, notably law’s effectiveness. Following such a critique, the paper considers the possible origins of and reasons for the thesis. Given its highly questionable character, the paper concludes with some general ideas on taking law’s materiality seriously.

show abstract

Law Without Matter? The Immateriality Thesis: A Critical Commentary

Dudek

2023

Int J Semiot Law

View full text Add to dashboard Cite

show abstract

Coercion, function, and the “why” of law

Bix¹

2021

revus

View full text Add to dashboard Cite

scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.

Contact Info

customersupport@researchsolutions.com

10624 S. Eastern Ave., Ste. A-614

Henderson, NV 89052, USA

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Blog Terms and Conditions API Terms Privacy Policy Contact Cookie Preferences Do Not Sell or Share My Personal Information

Made with 💙 for researchers

Part of the Research Solutions Family.

Flaws and Virtues ofAn Artifact Theory of Law

Cited by 2 publications

References 15 publications

Law Without Matter? The Immateriality Thesis: A Critical Commentary

Law Without Matter? The Immateriality Thesis: A Critical Commentary

Coercion, function, and the “why” of law

Contact Info

Product

Resources

About