I provide a variation on ideas presented by Walton and Currie, elaborating the view that fictive utterances are characterized by a specific form of illocutionary force in the family of directives – a proposal or invitation to imagine. I make some points on the relation between the proposal and the current debates on intentionalist and conventionalist views, and I discuss interesting recent objections made by Stacie Friend to the related, but crucially different, Gricean view of such force advanced by Currie (...) and others. (shrink)

I LAW AND NATURE i. The "Pure" Theory The Pure Theory of Law is a theory of positive law. It is a theory of positive law in general, not of a specific legal ...

In its approach to fiction and fictional discourse, pretense theory focuses on the behaviors that we engage in once we pretend that something is true. These may include pretending to name, pretending to refer, pretending to admire, and various other kinds of make-believe. Ordinary discourse about fictions is analyzed as a kind of institutionalized manner of speaking. Pretense, make-believe, and manners of speaking are all accepted as complex patterns of behavior that prove to be systematic in various ways. In this (...) paper, I attempt to show: (1) that this systematicity is captured in the basic distinctions and representations that are central to the formal theory of abstract objects, and (2) that this formal theory need not be interpreted platonistically, but may instead have an interpretation on which the `objects' of the theory are things that pretense theorists already accept, namely, complex patterns of linguistic behavior. The surprising conclusion, then, is that a certain Wittgensteinian approach to meaning (e.g., the meaning of a term like `Holmes' is constituted by its pattern of use) bears an interesting relationship to a formal metaphysical theory and the semantic analyses of discourse constructed in terms of that theory---the former offers a naturalized interpretation of the latter, yet the latter makes the former more precise. (shrink)

This article questions some assumptions in legal, moral and political theory regarding the law’s ways of functioning. As the constant revival of the topos ‘living law’ shows, underlying common models of law, and of the legitimacy of law, is, though often implicitly, the view that law is or should be particular, near to the facts, flexible, susceptible to realities, and as a consequence accessible to modernisations. However, this article proposes an immanent critique of similar hopes or fears, and it argues (...) that modern positive law can not be responsive to any other ‘order’ or context because it constitutes an order of its own. The article seeks to give an explanation of the specific character and forms of the juridical operating and to explain more specifically how decisions are produced. The article in this regard also investigates the importance and role of imagination, fiction and performativity. Underlining the fact that the juridical exceeds legal propositions by asserting itself as a distinct form of social communication, it calls for a shift from the representational to the performative analysis in the study of law. (shrink)