Govah Legal Education

What is an institution?

Document Type : Specialized Article

Authors

1 Faculty Member of Islamic Azad University

2 Master of Private Law

Abstract

The question of the legal fact was one of the difficult problems in the history that has involved the minds of many thinkers. Philosophers like Plato, was referred this fact to Ideas. Some other believes this fact is objective and has some implications from out. Some considered it as a kind of mathematical concepts. But John Searle's theory of speech acts as well as institutional fact, analyzes legal, economic and value concepts on the other way. He distinguishes two kinds of fact, the brute fact and institutional fact. This article is specifically talking about the institutional fact and by providing specific pattern to define the institutional fact: "X counts as Y in C", provide new analysis. The analysis is similar to a theory of Etebariat in Islamic philosophy.

Institutional fact, brutefact, status functions, the objective/ subjective distinction, the logical structure

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Govah Legal Education
Volume 2, Issue 2 - Serial Number 3
October 2016
Pages 151-173