Hart as an Inferentialist: The Methodological Pragmatist Insight in Hart’s Inaugural Lecture

Abstract

AbstractJurisprudes today differ in their interpretations of H.L.A. Hart’s analysis of the semantics of internal legal statements. Drawing upon the philosophy of language and metaethics to reconstruct Hart’s view, they disagree as to whether Hart should be interpreted as an expressivist or quasi-expressivist. In this paper I propose a third reconstruction, under which Hart adopted an inferentialist analysis of the semantics of internal legal statements. In executing this reconstruction, I focus on Hart’s inaugural lecture, and utilize the theoretical apparatus of Robert Brandom, a leading advocate of inferential role semantics, to bring Hart’s methodological pragmatist—and more specifically inferentialist—insight in that lecture to the fore.