David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 18 (2):141-171 (1999)
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.
|Keywords||Law Logic Philosophy of Law Law Theory/Law Philosophy Political Science Social Issues|
|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
Margaret P. Gilbert (2008). Social Convention Revisited. Topoi (1-2):5-16.
Erin Taylor (2013). A New Conventionalist Theory of Promising. Australasian Journal of Philosophy 91 (4):667-682.
Similar books and articles
Scott J. Shapiro (2007). The "Hart-Dworkin" Debate : A Short Guide for the Perplexed. In Arthur Ripstein (ed.), Ronald Dworkin. Cambridge University Press 22--49.
John Gardner (2010). Hart on Legality, Justice and Morality. Jurisprudence 1 (2):253-265.
Lorenzo Bernasconi-Kohn (2006). How Not to Think About Rules and Rule Following: A Response to Stueber. Philosophy of the Social Sciences 36 (1):86-94.
Wilfrid J. Waluchow (1985). Hart, Legal Rules and Palm Tree Justice. Law and Philosophy 4 (1):41 - 70.
William Sweet (1993). Anti-Foundationalism, Hendrik Hart and the Nature and Function of Religious Belief. Philosophy and Theology 8 (2):167-191.
Added to index2009-01-28
Total downloads27 ( #148,845 of 1,911,320 )
Recent downloads (6 months)4 ( #178,269 of 1,911,320 )
How can I increase my downloads?