Forthcoming "Fictional Minds. The Law’s Misrepresentation of Human Thought" (vol. 5, 2025, no. 2)
The theory and practice of law often rest on problematic assumptions about the functioning of the human mind.
Fictional Minds is a monographic section of Athena, vol. 5 (2025), no. 2, co-edited by Michele Ubertone and Giuseppe Rocchè. It brings together a range of contributions aimed at exploring the consequences, positive and negative, of the law’s tendency to rely a fictional rather than real minds. Can assumptions about the rationality of legal agents still be defended as transcendental categories or regulative ideals? Some legal assumptions may prove defensible, not because they are empirically accurate, but because they serve some important social functions.
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