Swaminathan, Shivprasad
(2017)
A tale of two harts: the paradox in essays on Bentham.
Legal Theory, 23 (1).
pp. 27-54.
ISSN 13523252
LT 2017.pdf - Published Version
Restricted to Repository staff only
Download (260kB) | Request a copy
Abstract
This paper hypothesizes that the paradox Hart confesses to in Ch. X of Essays on Bentham was the result of metaethical ambivalence. Hart eclectically yokes together metaethically incompatible elements from two disparate models of “normativity of law” with different sources of normativity: the impinging model based on a cognitivist metaethic and the projectivist model based on a noncognitivist metaethic. The “sources” of normativity in the two models are different. On the impinging model the source of normativity is a reason-giving objective moral requirement, and on the projectivist model, the source of normativity is a motivationally affective conative attitude. The metaethical configuration of the rule of recognition in Essays on Bentham constrained Hart to postulate a “source” of normativity metaethically congruous with the impinging model. However, the “source” of normativity Hart seemed keen to advance—he makes an “attitude” the source of normativity—was only congruous with the projectivist model.
| Item Type: | Article |
|---|---|
| Keywords: | Bentham | Cognitivist Metaethic | Projectivist Mode |
| Subjects: | Social Sciences and humanities > Social Sciences > Law and Legal Studies |
| JGU School/Centre: | Jindal Global Law School |
| Depositing User: | Users 4 not found. |
| Date Deposited: | 27 Jan 2022 09:27 |
| Last Modified: | 14 Feb 2022 07:19 |
| Official URL: | https://doi.org/10.1017/S1352325217000131 |
| URI: | https://pure.jgu.edu.in/id/eprint/899 |
Downloads
Downloads per month over past year
Dimensions
Dimensions