David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
In Matthew H. Kramer (ed.), American Journal of Jurisprudence. Oxford University Press 25-53 (2008)
This address at the Hart Centenary Conference in Cambridge in July 2007 reflects on foundational elements in Hart's method in legal philosophy. It argues that his understanding of what it is to adopt an internal point of view was flawed by (a) inattention to the difference between descriptive history (or biography or detection) and descriptive general theory of human affairs, (b) inattention to practical reason as argument from premises, some factual but others normative (evaluative) in their content, and (c) relative inattention to the deliberations of law-makers as distinct from subjects of the law. These flaws contributed to a concept or theory of law that so truncated its account of the juridical, and of the sources of legal reasoning, that it could provide little or no guidance in situations of legal difficulty. The paper suggests that these flaws result, to some significant extent, from the skeptical doubts about morality evident particularly in his later work. All this has implications for the kind of approach to law and legal theory often self-described as positivist
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Darien Shanske (2013). Thucydides and Law: A Response to Leiter. Legal Theory 19 (3):282-306.
Similar books and articles
Leslie Green (2008). Positivism And The Inseparability Of Law And Morals. New York University Law Review 83:1035--1058.
N. E. Simmonds (2011). Reply: The Nature and Virtue of Law. Jurisprudence 1 (2):277-293.
John Gardner (2011). Hart on Legality, Justice and Morality. Jurisprudence 1 (2):253-265.
H. L. A. Hart (1994). The Concept of Law. Oxford University Press.
F. Atria (1999). Legal Reasoning and Legal Theory Revisited. Law and Philosophy 18 (5):537-577.
H. L. A. Hart, P. M. S. Hacker & Joseph Raz (eds.) (1977). Law, Morality, and Society: Essays in Honour of H. L. A. Hart. Clarendon Press.
Jules L. Coleman (ed.) (2001). Hart's Postscript: Essays on the Postscript to the Concept of Law. Oxford University Press.
Danny Priel (2008). Sanction and Obligation in Hart's Theory of Law. Ratio Juris 21 (3):404-411.
Philip Schofield (2011). Jeremy Bentham and HLA Hart's 'Utilitarian Tradition in Jurisprudence'. Jurisprudence 1 (2):147-167.
David-Hillel Ruben (1972). Positive and Natural Law Revisited. Modern Schoolman 49 (May):295-317.
Added to index2009-01-28
Total downloads6 ( #302,951 of 1,699,833 )
Recent downloads (6 months)4 ( #161,079 of 1,699,833 )
How can I increase my downloads?