Toh's Haitian project: expressivist turn, relativist returns

Swaminathan, Shivprasad (2014) Toh's Haitian project: expressivist turn, relativist returns. Australian Journal of Legal Philosophy, 39. pp. 87-117. ISSN 1440-4982

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In papers written over the last decade, Kevin Toh has proposed a reconstruction of Hart's account of the normativity of law along non-cognitivist or expressivist lines. At the heart of Toh's project is the proposal that we understand Hart's internal legal statements as expressivist moral statements, which is to say, moral statements expressing the speaker's attitude of approval towards the law. It will be the burden of this paper to make the case for why Hart's internal legal statements are not best understood as moral statements, let alone 'expressivist' or 'non-cognitivist' moral statements. In doing so, I will be employing two strands of argument: the first will entail an assessment of the metaethical architecture underlying Toh's model; and the second will be exegetical in nature, involving an examination of whether Toh's proposed reconstruction can be integrated with the basic structure of Hart's scheme.

Item Type: Article
Keywords: Jurisprudence | Kevin Toh | Hart | Legal Theory
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Gena Veineithem
Date Deposited: 13 Apr 2022 10:10
Last Modified: 13 Apr 2022 10:10


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