In Defense of Hart

In Wil Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. OUP Oxford 22 (2013)
In Legality Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart's jurisprudential theory. Hart maintained that every legal system is underlain by a rule of recognition through which officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart's remarks on the rule of recognition are confused and that his model of lawis consequently untenable. Shapiro contends that a new approach is vital for progress in the philosophy of law and, with his lengthy presentation of his own Planning Theory of Law, he aspires to pioneer just such an approach. Except for a very terse observation in the final main section, this article does not directly assess the strengths and shortcomings of Shapiro's piquant planning theory. Instead, I defend Hart against Shapiro's charges and thereby undermine the motivation for the development of the planning theory
Keywords H.L.A. Hart  legal positivism  law  morality  Scott Shapiro  Ronald Dworkin  jurisprudence
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DOI 10.1017/S1352325213000207
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PhilPapers Archive Matthew H. Kramer, In Defense of Hart
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Scott Shapiro (2011). Legality. Harvard University Press.

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