Abstract
This paper on van Schooten’s book starts from the observation that citizens untrained in the law are yet able to live by the law, while not being part of the established interpretive community. They manage to live with fictions. Neither the discredited flow model of legal communication rejected by Van Schooten nor her own semiotic and institutional alternative theory manages to deal with this phenomenon in an adequate way. We can learn from Plato’s discussion with Crito in which the laws were imagined as speaking beings that there is a long philosophical tradition according to which laws are imagined to speak to us (while everybody knows otherwise). Working with this legal fiction in our own democratic societies requires an analysis of the way fictions construe our laws for us. Five of these fictions are then briefly mentioned: perfect or at least adequate legal knowledge; legislative intention; instrumental reason; the General Interest; and the rule of measures, not of men.
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