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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.
|Number of pages||29|
|Journal||Law and philosophy|
|Publication status||Published - 2001|
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- 1 Finished
Een communicatieve benadering van wetgeving
Witteveen, W. J., van Klink, B. M. J., van der Burg, W., Hertogh, M. L. M. & van Schooten, J.
1/01/00 → 31/12/04
Project: Research project