Lost in the System or Lost in Translation? The Exchanges between Hart and Ross

Ratio Juris 24 (2):194-246 (2011)
  Copy   BIBTEX

Abstract

According to the received opinion there is a theoretical incompatibility between Herbert Hart's The Concept of Law and Alf Ross's On Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken. The Concept of Law does not go beyond On Law and Justice in so far as both present arguments to the effect that law is based on a shared understanding between participants in a project perceived by every participant to be a project in common. The paper demonstrates that there are substantive parallels between Hart's combination of “acceptance” or “acknowledgement” and a “critical reflective attitude” and Ross's combination of “motivation” or “feeling” and a “coherent whole of meaning and motivation.” The main conclusion is that the views of norms and normativity put forward in The Concept of Law and On Law and Justice are very close in essential respects, and, more specifically, that the two works are at root identical in their representation of the basis of normativity in reality.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 89,685

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

The Lost Narrative of the Lost Woman.Margaret Soltan - 1989 - Feminist Studies 15 (3):563.
Lost Times.Ross Harrison - 1973 - Analysis 33 (3):65 - 71.

Analytics

Added to PP
2014-03-05

Downloads
61 (#234,834)

6 months
12 (#121,050)

Historical graph of downloads
How can I increase my downloads?

References found in this work

The concept of law.Hla Hart - 1963 - New York: Oxford University Press.
Philosophical papers.John Langshaw Austin - 1962 - New York: Oxford University Press. Edited by J. O. Urmson & G. J. Warnock.
Practical reason and norms.Joseph Raz - 1975 - London: Hutchinson.
Critique of pure reason.Immanuel Kant - 1781/1998 - In Elizabeth Schmidt Radcliffe, Richard McCarty, Fritz Allhoff & Anand Vaidya (eds.), Philosophy and Phenomenological Research. Blackwell. pp. 449-451.
Dispositions.Stephen Mumford - 1998 - Oxford, GB: Clarendon Press.

View all 42 references / Add more references