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

Ratio Juris 24 (2):194-246 (2011)
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Abstract

According to the received opinion there is a theoretical incompatibility between Herbert Hart'sThe Concept of Lawand Alf Ross'sOn 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 Lawdoes not go beyondOn Law and Justicein 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 inThe Concept of LawandOn Law and Justiceare 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.

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References found in this work

The Concept of Law.Hla Hart - 1961 - Oxford, United Kingdom: Oxford University Press UK.
Critique of Pure Reason.I. Kant - 1787/1998 - Philosophy 59 (230):555-557.
Critique of pure reason.Immanuel Kant - 2007 - In Elizabeth Schmidt Radcliffe, Richard McCarty, Fritz Allhoff & Anand Vaidya, Late modern philosophy: essential readings with commentary. Oxford: Wiley-Blackwell. pp. 449-451.
Practical reason and norms.Joseph Raz - 1975 - London: Hutchinson.
Dispositions.Stephen Mumford - 1998 - Oxford, GB: Clarendon Press.

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