About Concepts in Law

Pfordten, Dietmar von der

doi:10.1007/978-90-481-2982-9_2

Cited by 24 publications

(3 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…We shall start with the analysis of the concept of concept. Concepts can be understood in many ways (see Margolis and Laurence 2007;von der Pfordten 2009). In this text, I understand concepts as representations.…”

Section: Do We Need Cognitive Science In the Analysis Of Legal Concep...mentioning

confidence: 99%

Between Legal Philosophy and Cognitive Science: The Tension Problem

Jakubiec

2022

Ratio Juris

View full text Add to dashboard Cite

Much controversy has arisen in recent years about the relation between legal philosophy and cognitive science, with some authors announcing a revolution brought about in law by the advances in the scientific study of cognition. At the same time, pessimistic declarations were made, and the significance of cognitive science for law and legal philosophy was denied. In this paper I argue that representatives of legal philosophy are now facing a "tension problem" which comes as a consequence of the following beliefs: that legal philosophy should be naturalized; that contemporary cognitive science is not a source of knowledge proper, that is, a source of naturalization; and that contemporary cognitive science is the best available source of knowledge about cognitive mechanisms. To illustrate the significance of the problem, a case study is presented that concerns research devoted to abstract concepts and its significance for the issues analyzed by legal philosophers, such as legal concepts and legal cognition. More general remarks about the manner of naturalizing jurisprudence are also presented.

show abstract

Section: Do We Need Cognitive Science In the Analysis Of Legal Concep...mentioning

confidence: 99%

Between Legal Philosophy and Cognitive Science: The Tension Problem

Jakubiec

2022

Ratio Juris

View full text Add to dashboard Cite

show abstract

“…For example, we carefully distinguish between 'law' and the 'concept of law.' If somebody knows the concept of law-like it is presented in H. L. A. Hart's famous book-he does not know law" ( [37], p. 20).…”

Section: Concepts Between Language and Objectsmentioning

confidence: 99%

“…Legal concepts are a crucial point of interest in legal theory and legal philosophy [22,37,41,43]. Nevertheless, the emphasis is put mainly on the analysis of their functions.…”

Section: Introductionmentioning

confidence: 99%

Legal Concepts as Mental Representations

Jakubiec

2021

Int J Semiot Law

View full text Add to dashboard Cite

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 (at least) 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.

show abstract

The Value of the Theoretical Concept

Kaaij

2019

The Juridical Act

View full text Add to dashboard Cite

About Concepts in Law

Cited by 24 publications

References 0 publications

Between Legal Philosophy and Cognitive Science: The Tension Problem

Between Legal Philosophy and Cognitive Science: The Tension Problem

Legal Concepts as Mental Representations

The Value of the Theoretical Concept

Contact Info

Product

Resources

About