Law and Habits

Oxford Journal of Legal Studies, Forthcoming

40 Pages Posted: 9 Mar 2016 Last revised: 25 Sep 2018

See all articles by Sylvie Delacroix

Sylvie Delacroix

University of Birmingham - Birmingham Law School; Alan Turing Institute - Alan Turing Institute

Date Written: January 8, 2016

Abstract

By focusing on the qualitative difference between the habits that are capable of generating a legal system and the habits that this system’s “division of normative labour” can facilitate, this paper throws new light on the concern at the root of Hart’s claim that law is inherently morally risky. Hart’s great insight in this respect has been muddled by his attempt to encapsulate the reflexive element inherent in the internal point of view in a (weak) notion of “acceptance”. This paper argues that the key risk inherent in the “division of normative labour” enabled by law’s institutional structure consists in the fostering of habits that have lost their adaptability and thus their ability to support legal practice.

Keywords: habit, law, normativity, moral risk, habituation, Hart, alienation

Suggested Citation

Delacroix, Sylvie, Law and Habits (January 8, 2016). Oxford Journal of Legal Studies, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2744694 or http://dx.doi.org/10.2139/ssrn.2744694

Sylvie Delacroix (Contact Author)

University of Birmingham - Birmingham Law School ( email )

Edgbaston
Birmingham, B15 2TT
United Kingdom

HOME PAGE: http://https://www.birmingham.ac.uk/staff/profiles/law/delacroix-sylvie.aspx

Alan Turing Institute - Alan Turing Institute ( email )

96 Euston Road
London, NW1 2DB
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
98
rank
252,561
Abstract Views
447
PlumX