Kenneth M. Ehrenberg (University of Alabama – Department of Philosophy) has posted Law's Artifactual Nature: How Legal Institutions Generate Normativity (George Pavlakos and Veronica Rodriguez-Blanco (eds), Reasons and Intentions in Law and Practical Agency (Cambridge University Press, 2015) pp. 247-26) on SSRN. Here is the abstract:
I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.
Highly recommended.
