Social Rules: Some Problems for Hart’s Account, and an Alternative Proposal [Book Review]

Law and Philosophy 18 (2):141-171 (1999)
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Abstract

What is a social rule? This paper first notes three important problems for H.L.A. Hart's famous answer in the Concept of Law. An alternative account that avoids the problems is then sketched. It is less individualistic than Hart's and related accounts. This alternative account can explain a phenomenon observed but downplayed by Hart: the parties to a social rule feel that they are in some sense 'bound' to conform to it.

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Margaret Gilbert
University of California, Irvine

References found in this work

Are there any natural rights?H. L. A. Hart - 1955 - Philosophical Review 64 (2):175-191.
Walking Together: A Paradigmatic Social Phenomenon.Margaret Gilbert - 1990 - Midwest Studies in Philosophy 15 (1):1-14.
Modelling collective belief.Margaret Gilbert - 1987 - Synthese 73 (1):185-204.
Feelings.[author unknown] - 2011

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