Institutional mimesis: an experimental study on the grounding of legal concepts

Legal institutions, legal systems, law in general are human artefacts: Not only they are human-dependent entities—a lot of things are human-dependent and are not artefacts: pollution, for example—, but they are created by humans as the object and outcome of a specific, intentional process of creation. This is an idea that can be seen as an assumption of both legal positivism and legal realism. Indeed, one could say that these two traditional conceptions decline in different ways the same artefactual nature of law: On the one hand, legal positivism focuses on the fact that law is an artefact created by an authority; on the other hand, legal realism focuses on the fact that law is an artefact whose functioning requires recognition and enforcement, and whose purpose and plan must be continuously adapted through a process of interpretation and re-interpretation.