Attitude and the Normativity of Law
- UNCG Author/Contributor (non-UNCG co-authors, if there are any, appear on document)
- Jeffrey Kaplan, Assistant Professor (Creator)
- Institution
- The University of North Carolina at Greensboro (UNCG )
- Web Site: http://library.uncg.edu/
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.
Attitude and the Normativity of Law
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Created on 2/11/2020
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Additional Information
- Publication
- Law and Philosophy, 36(5), 469-493
- Language: English
- Date: 2017
- Keywords
- normativity of law, philosophy, theory of law, H.L.A. Hart