About The Workshop
SW 26-Collective Intentions in Law and Legal Reasoning
Convenors: Andreas Funke- Doohyun Kong
Contact: andreas.funke@fau.de and kd-02@snu-ac.kr
According to the paradigm of normative individualism, the legitimacy of the legal order ultimately derives from the normative authority of the individual. This perspective is very often complemented by methodological individualism which shapes the structure of the legal order by reference to the social actions of the individual. Without necessarily questioning this point of departure, we want to explore the collective dimension of the law in our special workshop.
Through the study of this collective dimension, we aim to bridge the perspectives of the lawyers, legislators, judges, and citizens. By analyzing their collective intentions, the legal world can be redescribed not as a mere aggregation of individual acts or monologic judgments, but as a dynamic process of competition and cooperation.
Many issues in legal theory as well as in the theory of legal reasoning deserve attention, as for instance (and without logical order):
- the author of the legal order
- intentions in legislation and adjudication
- individual and collective decision-making
- legal institutions as facilitators of collective agency
- concepts of action in legal theory and in legal doctrine
- …
If you are interested in participating at the workshop, please send an abstract (300-400 words) to andreas.funke@fau.de and kd-02@snu-ac.kr.
