Attitude and the normativity of law

Law and Philosophy 36 (5):469-493 (2017)
  Copy   BIBTEX

Abstract

Though legal positivism remains popular, HLA Hart’s version has fallen somewhat by the wayside. This is because, according to many, the central task of a theory of law is to explain the so-called ‘normativity of law’. Hart’s theory, it is thought, is not up to the task. Some have suggested modifying the theory accordingly. This paper argues that both Hart’s theory and the normativity of law have been misunderstood. First, a popular modification of Hart’s theory is considered and rejected. It stems from a misunderstanding of Hart and his project. Second, a new understanding of the mysterious but often-mentioned ‘normativity of law’ is presented. Once we have dispelled some misunderstandings of Hart’s view and clarified the sense in which law is supposed to be normative, we see that Hart’s view, unmodified, is well suited to the task of explaining law’s normativity.

Similar books and articles

Legal Positivism and the Normativity of Law.Guangwei Ouyang - 1996 - Dissertation, University of Alberta (Canada)
Winch and H.L.A Hart: Two Concepts of the ‘Internal Point of View’.Dr Veronica Rodriguez-Blanco - 2007 - Canadian Journal of Law and Jurisprudence 20 (2):453-474.
H.L.A. Hart's Understanding of Classical Natural Law Theory.Cristóbal Orrego - 2004 - Oxford Journal of Legal Studies 24 (2):287-302.
An Examination of H. L. A. Hart's Theory of Legal Obligation.Helena M. Openshaw - 1986 - Dissertation, State University of New York at Buffalo
Semantic Normativity.Åsa Maria Wikforss - 2001 - Philosophical Studies 102 (2):203-26.

Analytics

Added to PP
2017-06-08

Downloads
250 (#47,341)

6 months
22 (#46,842)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Jeffrey Kaplan
University of North Carolina, Greensboro

References found in this work

Two Concepts of Rules.John Rawls - 1955 - Philosophical Review 64 (1):3-32.
Some Reflections on Language Games.Wilfrid Sellars - 1954 - Philosophy of Science 21 (3):204-228.
Some Reflections on Language Games.Wilfrid Sellars - 1957 - Journal of Symbolic Logic 22 (4):402-403.
Two Concepts of Rules.John Rawls & Andrei Korbut - 2013 - Russian Sociological Review 12 (2):16-40.

View all 7 references / Add more references