The Expressive and the Communicative Functions of Law, Especially with Regard to Moral Issues
van der Burg,W.
van der Burg,W.
Abstract
In this article, I argue that law has two often neglected functions; the expressive and the communicative functions. They are especially important for legislation on moral issues, such as biomedical ethics and anti-discrimination law. The communicative function of law is a complex one; law may create a normative framework, a vocabulary to structure normative discussions, as well as institutions and procedures that promote further discussion. The expressive function of law is at stake when it expresses which fundamental standards, which values are regarded as important. The recognition of these functions is not only important for descriptive purposes; it is also fruitful for normative theory.
Description
Pagination: 29
Date
2001
Journal Title
Journal ISSN
Volume Title
Publisher
Research Projects
Organizational Units
Journal Issue
Keywords
SDG 10 - Reduced Inequalities, SDG 16 - Peace, Justice and Strong Institutions
Citation
van der Burg, W 2001, 'The Expressive and the Communicative Functions of Law, Especially with Regard to Moral Issues', Law and philosophy, vol. 20, no. 1, pp. 31-59.
License
info:eu-repo/semantics/restrictedAccess