The present paper analyzes Neil MacCormick’s L. H. A. Hart, first published in 1981, mainly dedicated to the analysis of Herbert Hart’s The Concept of Law. We will deepen MacCormick’s explanations concerning the distinction between legal and moral rules, primary and secondary rules, promises and power-conferring rules, internal and external point of view, as well as some key figures of Hart’s normative terminology – namely “acceptance” and “group”. Some exclusive outputs by the Scottish philosopher – namely the “hermeneutic point of view” and the “cutoff point” – will be also scrutinized. Finally, we will in turn propose some adjustments to the Author’s theories.
Neil MacCormick e la critica delle categorie hartiane in “H. L. A. Hart
Ambrosio G
2019
Abstract
The present paper analyzes Neil MacCormick’s L. H. A. Hart, first published in 1981, mainly dedicated to the analysis of Herbert Hart’s The Concept of Law. We will deepen MacCormick’s explanations concerning the distinction between legal and moral rules, primary and secondary rules, promises and power-conferring rules, internal and external point of view, as well as some key figures of Hart’s normative terminology – namely “acceptance” and “group”. Some exclusive outputs by the Scottish philosopher – namely the “hermeneutic point of view” and the “cutoff point” – will be also scrutinized. Finally, we will in turn propose some adjustments to the Author’s theories.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
