If our starting point were to read the study of law as «a highly specialized form of literary pursuit» (Goodrich, 1986, p. 91), it would be appropriate to return to the performativity of the legal text and its link with words. The theory of law, however, from iusnaturalism to iuspositivism, is concerned with the generative modes of norms and orbits on their validity and efficacy. This paper aims to delineate that «literary pursuit» through a brief fragmentary and intellectual study of fiction in part of the genealogy of law in the West. To this end, the argument will be conducted, in general, through the figurative character of language and, specifically, through the modulation of fiction, not only as the way in which institutions are designed (e.g., societies, inheritance, adoption, the state, etc.), but how through it human beings establish a new link with nature.
Figurar jurídicamente: el rol de la ficción en el derecho
Lopez Perez, Nicolas Alberto
2024-01-01
Abstract
If our starting point were to read the study of law as «a highly specialized form of literary pursuit» (Goodrich, 1986, p. 91), it would be appropriate to return to the performativity of the legal text and its link with words. The theory of law, however, from iusnaturalism to iuspositivism, is concerned with the generative modes of norms and orbits on their validity and efficacy. This paper aims to delineate that «literary pursuit» through a brief fragmentary and intellectual study of fiction in part of the genealogy of law in the West. To this end, the argument will be conducted, in general, through the figurative character of language and, specifically, through the modulation of fiction, not only as the way in which institutions are designed (e.g., societies, inheritance, adoption, the state, etc.), but how through it human beings establish a new link with nature.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.