Ratio Juris 25 (3):409-433 (2012)
Can Hart's non-cognitivism be reconciled with his rejection of the predictive and sanction-based explanations of law? This paper analyses Hart's notion of the internal point of view and focuses on the notion of acceptance of a rule along the lines of a non-cognitivist understanding of intentional actions. It is argued that a non-cognitivist analysis of acceptance of rules is incomplete and parasitic on a more basic or primary model of acceptance that does not involve mental states. This basic or primary model of acceptance explains actions in terms of other actions and in terms of reasons for actions that are both presented as good-making characteristics and transparent to the agent. If Hart's internal point of view is able to work as the key argument to reject predictive and sanction-based explanations of law, it needs to make the outward approach of intentional action basic or primary rather than rely on an inward approach such as the one advanced by non-cognitivism
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
References found in this work BETA
Wise Choices, Apt Feelings: A Theory of Normative Judgment.Allan Gibbard - 1990 - Harvard University Press.
Authority and Estrangement: An Essay on Self-Knowledge.Richard A. Moran - 2001 - Princeton University Press.
Citations of this work BETA
No citations found.
Similar books and articles
From Shared Agency to the Normativity of Law: Shapiro's and Coleman's Defence of Hart's Practice Theory of Rules Reconsidered.Veronica Rodriguez-Blanco - 2009 - Law and Philosophy 28 (1):59 - 100.
Kelsen, Quietism, and the Rule of Recognition.Michael Steven Green - 2008 - In Matthew D. Adler & Kenneth E. Himma (eds.), THE RULE OF RECOGNITION AND THE UNITED STATES CONSTITUTION. Oxford University Press.
The Anarchist Official: A Problem for Legal Positivism.Kenneth M. Ehrenberg - 2011 - Australian Journal of Legal Philosophy 36:89-112.
Does Kelsen’s Notion of Legal Normativity Rest on a Mistake?Veronica Rodriguez-Blanco - 2012 - Law and Philosophy 31 (6):725-752.
Lost in the System or Lost in Translation? The Exchanges Between Hart and Ross.E. N. G. Svein - 2011 - Ratio Juris 24 (2):194-246.
A Model of Legal Reasoning with Cases Incorporating Theories and Values.Trevor J. M. Bench-Capon & Giovanni Sartor - 2003 - Artificial Intelligence 150 (1-2):97-143.
Added to index2012-08-04
Total downloads17 ( #282,106 of 2,163,699 )
Recent downloads (6 months)1 ( #348,043 of 2,163,699 )
How can I increase my downloads?