Hart Essays On Bentham

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However, Bulygin observed that for Kelsen, statements of legal obligation were prescriptions that were not truth-apt.

One consequence to follow from this was that they did not purport to denote any objective moral properties.

This paper hypothesizes that the paradox Hart confesses to in Ch.

X of Essays on Bentham was the result of metaethical ambivalence.

The reading of Kelsen that presents his model of normativity along impinging lines was suggested by the Scandinavian Legal Realists (Karl Olivecrona and Alf Ross, in particular) and later endorsed by Joseph Raz. For a discussion of Toh's semantic project and an alternative “norm-relativist” reading of Hart's semantic project, .

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The impinging elements in Hart's model will be seen to bear resemblance to those found in Kelsen's account, and the rule of recognition in its impinging avatar seems to operate just as the Kelsenian can be classified as norm-relativist, though he never used the label. Statements of legal obligation are ‘normative’ in that they convey what is ‘required’ by socially practised norm-relative standards, which for Hart, were , Richard Hare pointed out that not all uses of ‘normative’ expressions like ‘ought’ are moral. This follows from the so-called “standard picture of psychology,” endorsed by cognitivists and noncognitivists alike, which dichotomizes mental states into motivationally inert cognitive states (beliefs) and motivationally charged conative or noncognitive states (attitudes and sentiments).But whether or not Kelsen can exegetically be read along impinging lines need not worry us, for the only reason it interests us here is its potential to illustrate the working of the impinging model of normativity.Throughout this article, therefore, when we refer to Kelsen's model of normativity it is this note 28, at 23.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.If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your Does this mean that the version of the rule of recognition that was not congruous with the impinging model was congruous with the projectivist model?‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.Find out more about the Kindle Personal Document Service.Perhaps a little more needs to be said in defense of Kelsen's invocation as an exemplar of the impinging model before we proceed any further.Roughly, Kelsen's Section II for discussion) as taking the place of the objective moral requirement in the standard impinging model and acting as the fount of normativity and moral bindingness. Norm-relativist statements are “normative” in the wide sense of “normative” but are distinct from moral statements.No such assumption can be made and indeed it is not being made here. As well as being instructive representatives of the two models of normativity, the two also weave into the narrative of this paper organically.The choice of the Scandinavian Legal Realists requires no justification, as they were, for a long time, the only adherents of the projectivist model of normativity.


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