Thursday, November 19, 2020

Clearing away some jurisprudential myths

The myth that H.L.A. Hart had a "practice theory" of rules.

The myth that the so-called "normativity" of law presents a problem for legal positivism, let alone a special or interesting one.

The more recent myth that Hart made any kind of "category mistake" in his account of social rules or the rule of recognition.

 

https://leiterlawschool.typepad.com/leiter/2020/11/clearing-away-some-jurisprudential-myths.html

Jurisprudence | Permalink