Against the so-called “fictional nature” of Law
Juliele Sievers
Abstract:
In my presentation I will try once more to attack the notion of fiction in Law, this time by using some elements of Amie Thomasson’s artefactual theory and Hans Vaihinger’s Philosophy of As-If. Since the first lecture of those works seems to give the idea that norms have the same characteristics of fictions, I will present some arguments against this interpretation. One of them refers to the multiplicity of interpretations of the term “fiction”, which often leads to confusion in its use. Starting by comprehending that the definition of fiction in Literature, in Science and in Law has totally different aspects will lead us to a strong consequence: that the presence of this term in a prescriptive ambit it’s in fact a misuse of it (and we will also understand why this improper practice is nevertheless so widely spread).
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