JOURNAL ARTICLE

Was Hart an Inclusive Positivist?

  • Published In: Ratio Juris, 2024, v. 37, n. 2. P. 130 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Costa‐Neto, João; de Castro, Henrique Porto 3 of 3

Abstract

After the publication of Hart's Concept of Law, Dworkin published his article "The Model of Rules," dividing positivism into two varieties: inclusive and exclusive. Many theorists involved in this debate have characterized Hart's position as inclusivist, which we reject in this article. We argue that Hart, in the postscript to The Concept of Law, conceded a point to Dworkin in accepting that inclusive positivism would imply the existence of objective moral standing, adopting a more "neutral" position—compatible with inclusive and exclusive positivism—and consequently distancing himself from the incorporation thesis, which is paramount to inclusive positivism. [ABSTRACT FROM AUTHOR]

Additional Information

  • Source:Ratio Juris. 2024/06, Vol. 37, Issue 2, p130
  • Document Type:Article
  • Subject Area:Biography
  • Publication Date:2024
  • ISSN:0952-1917
  • DOI:10.1111/raju.12402
  • Accession Number:177467133
  • Copyright Statement:Copyright of Ratio Juris is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Looking to go deeper into this topic? Look for more articles on EBSCOhost.