A Challenge to Bix's Interpretation of Kelsen and Hart's Views of the Normativity of Law

Revus Journal for Constitutional Theory and Philosophy of Law, 2019, DOI/0.4000/revus.4561

9 Pages Posted: 31 Jan 2019

Date Written: January 19, 2019

Abstract

Brian Bix discusses questions of legal normativity, arguing (1) that Hans Kelsen’s theory of the basic norm is best understood as saying that a person may choose to presuppose the basic norm in order to interpret the actions of legal officials normatively; (2) that H. L. A. Hart is best understood as espousing a sui generis view of legal normativity; and (3) that Hart’s view is preferable to the rather popular view that law makes some sort of moral claim. I accept (1) but think it is rather trivial, I find (2) plausible but the view itself problematic, and I am therefore skeptical of (3).

Keywords: Brian Bix, Kelsen, Hart, Normativity, the Basic Norm, Detached Statements

Suggested Citation

Spaak, Torben, A Challenge to Bix's Interpretation of Kelsen and Hart's Views of the Normativity of Law (January 19, 2019). Revus Journal for Constitutional Theory and Philosophy of Law, 2019, DOI/0.4000/revus.4561 , Available at SSRN: https://ssrn.com/abstract=3318879

Torben Spaak (Contact Author)

Stockholm University ( email )

S-106 91 Stockholm
Sweden
46 8 16 45 89 (Phone)
46 8 612 41 09 (Fax)

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