Although much ink has been spilled on different aspects of legal concepts, the approach based on the developments of cognitive science is a still neglected area of study. The “mental” and cognitive aspect of these concepts, i.e., their features as mental constructs and cognitive tools, especially in the light of the developments of the cognitive sciences, is discussed quite rarely. The argument made by this paper is that legal concepts are best understood as mental representations. The piece explains what mental (...) representations are and why this view matters. The explanation of legal concepts, understood as mental representations is one of three levels of explanation within legal philosophy, but—as will be argued—it is the most fundamental level. This paper analyzes the consequences of such understanding of concepts used in the field of legal philosophy. Special emphasis is put on the current debate on the analogical or amodal nature of concepts. (shrink)

Appeals to metaphysics have lately come to ascendancy in analytic legal philosophy. Over the last 20 years or so, a new discourse framework has emerged in analytic legal metaphysics that focusses on the explanatory question of how law is made. By any measure the most influential refinement of this question is to be found in Mark Greenberg's seminal 2004 article How Facts Make Law. This essay tries to exert some pressure on this familiar question by posing the categorial question of (...) what type of entities different theories of law take up as ontologically basic for their inquiry. The essay singles out four exemplary avenues for answering the categorial question. Introducing a categorial instead of explanatory lens is an overdue step in the process of updating the metaphysical toolbox of contemporary analytic theories of law. The categorial question of what kind of entity law is ismeant to complement the explanatory question of how law is made in a way that makes disagreements about the metaphysical-explanatory demands of theories of law more tractable or amenable to principled adjudication. (shrink)

Volume 10, Issue 2, June 2019, Page 237-245.