Sistema legal

Páginas: 44 (10956 palabras) Publicado: 8 de febrero de 2010
Hart, Raz and the Concept of a Legal System Author(s): Sean Coyle Source: Law and Philosophy, Vol. 21, No. 3, (May, 2002), pp. 275-304 Published by: Springer Stable URL: Accessed: 03/07/2008 22:15
Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission.

JSTOR is a not-for-profit organization founded in 1995 to build trusted digital archives for scholarship. We work with the scholarly community to preserve their work and the materials theyrely upon, and to build a common research platform that promotes the discovery and use of these resources. For more information about JSTOR, please contact


(Accepted 10 September2001)
ABSTRACT. An underpinning assumptionof modem legal positivism is thatthe differ from normativestandards otherspheres in question of how legal standards of human thought is resolved via the concept of a legal system and the notion of internallogic, throughuse of contextual definition. This approachis seen to lead to an untenableform of structuralism altogetherat odds with the positivist's intentions.An alternativestrategyis offered which allows the positivists to retain their deepest insights, thoughat aprice. KEY WORDS: institutional theory, internal logic, legal system, positivism, semantics, structuralism


One central question for legal positivists is: how does law differ in essential respects from political standardson the one hand, and moralityon the other?This question has sometimes (and unwisely) been seen by some critical theorists as forcing legal positivism into abattle on two fronts: though the positivist is committed to maintainingsome conceptual distance between law and the kind of objective moral standardswhich often form the basis of natural
law claims,1 this cannot - if positivism is sustainable - lead to

a situation in which the criteria employed by judges in reaching decisions at law embody no more than the substantive political leanings of thecollectivity to which the law applies. Though the picture this criticism raises is perhaps naive in its assumptionof a kind of equidistancebetween positivism and its objectivist and subjectivist rivals, the underlying point it makes might nevertheless be troubling:in what sense is law, accordingto the positivists,
1 The pictureof naturallaw which this dilemmaposes is, of course, questionable onindependentgrounds.I do not howeverpropose to go into this questionin the presentpaper.

9 ? KluwerLaw International2002.

Law and Philosophy 21: 275-304,2002.



as positivism'sattraction a theoryderived really law? Contemporary from its ability seemingly to replaceimplausibleassumptionsabout to conceptualstructures which we had no obvious epistemic access or (likeGrundnorms categoricalimperatives)with somewhatmore ones concerning knowable criteria of recognition (such plausible as Hart'sRule of Recognition), without threateningto collapse the boundaries between law and other spheres of human thought or activity.If our sceptic's claim is correct,this achievementis illusory.

The centrepiece of the positivist conception of law is its...
Leer documento completo

Regístrate para leer el documento completo.

Estos documentos también te pueden resultar útiles

  • Marco legal del sistema financiero
  • Traducción Del Sistema Legal Británico
  • Bases legales del sistema educativo
  • Sistema legal en Reino unido
  • Sistemas Expertos Legales
  • Introduccion Al Sistema Legal Estaunidense
  • sistema legal del reino unido
  • Sistema Legal E Imparticion De Justicia

Conviértase en miembro formal de Buenas Tareas