Back to Hart

Annals of the Faculty of Law-Belgrade Law Review, Forthcoming

13 Pages Posted: 4 Oct 2021

Date Written: October 2, 2021

Abstract

This essay is part of a symposium on "The Most Important Contemporary Problem in Legal Philosophy." The essay addresses two different senses of important “problems” for contemporary legal philosophy. In the first case, the “problem” is having forgotten things we learned from H.L.A. Hart, and, partly as a result, encouraging pointless metaphysical inquiries in other directions that take us very far from questions about the nature of law and legal reasoning. In the second case, the “problem” is to attend more carefully to Hart’s views and his philosophical context to think about the problem of theoretical disagreement, and to understand the way in which later commentators have misunderstood his behaviorist (Rylean) analysis of “accepting a rule from an internal point of view.”

Keywords: H.L.A. Hart, Gilbert Ryle, internal point of view, theoretical disagreement, metaphysical grounding

Suggested Citation

Leiter, Brian, Back to Hart (October 2, 2021). Annals of the Faculty of Law-Belgrade Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3935043

Brian Leiter (Contact Author)

University of Chicago ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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