Of Law and Other Artificial Normative Systems

Author:

Berman Mitchell N.

Abstract

How should the normative landscape and law’s place within it be conceptualized? On the face of things, people navigate a multiplicity of independent artificial normative systems—legal systems, sports, games, etiquette, fashion, families, and so forth—that are of their own making and that deliver and maintain rules and oughts that are only ‘formally’ normative and may conflict. In recent years, however, several prominent legal philosophers, Ronald Dworkin most notably, have advocated some version of a ‘one-system picture’ according to which appearances deceive, and we inhabit just a single domain of ‘real’, ‘genuine’, or ‘robust’ normativity. This chapter presents an alternative picture that aims to vindicate, rather than to refute, outward appearances—an alternative picture that, it is claimed, reflects background assumptions that legal positivists widely share but that is oddly marginalized, nearly invisible, in the current legal philosophical literature. It has three main ambitions: to surface and sharpen the central features of this ‘standard positivist picture’, to make sense of H. L. A. Hart’s own complex and shifting relationship to that picture, and to isolate and critically evaluate arguments advanced by one-system theorists that purport to show that such a picture is circular or eliminable. The chapter concludes by suggesting possible lessons that legal philosophers might learn by paying more systematic attention to the broader universe of artificial normative systems in which law is situated.

Publisher

Oxford University Press

Cited by 6 articles. 订阅此论文施引文献 订阅此论文施引文献,注册后可以免费订阅5篇论文的施引文献,订阅后可以查看论文全部施引文献

1. Legal Interpretation, Conceptual Ethics, and Alternative Legal Concepts;Ratio Juris;2023-11-05

2. Regulative rules: A distinctive normative kind;Philosophy and Phenomenological Research;2023-07-02

3. Alf Ross on the Nature of Law;Ratio Juris;2023-01-30

4. A new problem for rules;Philosophy and Phenomenological Research;2022-12-08

5. In Defense of Hart’s Supposedly Refuted Theory of Rules;Ratio Juris;2021-12

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