Walayat on Legal Worlds and Legal Narratives @TuckerArensberg
Aaron J. Walayat, Tucker Arensberg, is publishing Legal Worlds and Legal Narratives in volume 13 of the Balkan Journal of Philosophy (2021). Here is the abstract.
More than a simple command of a sovereign, law is a form of moral communication, something that helps constitute the way we conceive of ourselves, our community, and our culture. In this essay, I argue that law is a form of “world projection,” a way for human communities to use law as an aesthetic way to understand themselves. Within this legal world are narratives that present an idealized reflection of our world. Law has two functions, a reflective function, in which it mirrors the actual world and a reflexive function, in which it corrects undesirable aspects of the actual world. It is through these functions that law describes the narratives within legal relationships in order to say something real and important about those corresponding relationships in the actual world.
The full text is not available from SSRN.