Abstract

The present work aims to analyze the concept of function, as a general concept of law, with reference to the distinction and the relationships existing between the (typical) function of norm (function of legal institution) and the (particular) purpose pursued by the agents who refer to that norm (or institution) in their conduct. These relations will be tested through the dynamic that the figure of the abuse of law seeks to capture (and counteract), a dynamic that can be deepened and illuminated if (i) one conceives legal norms and institutions as artefacts, and if (ii) one considers that every artefact, in general, presents those who use it with a series of affordances – not necessarily known to (nor even less desired by) its author