TY - JOUR
T1 - An immense task: Hart sull'obbligo di obbedire al diritto
AU - Schiavello, Aldo
PY - 2012
Y1 - 2012
N2 - The topic of legal normativity absorbed Hart until the last years of his life. This paper offers a diachronic analysis of Hart’s perspective on the obligation to obey the law. The aim is to show that, at least as regards the justification of the obligation to obey the law, Hart’s former attempt to maintain the autonomy of law from morality and coercion is not convincing and that the “conventionalist turn” sketched in the Postscript leads to a dead end. Therefore, to give up the autonomy of legal obligation from moral obligation seems the only way forward, being aware that this move does not imply the abjuration of legal positivism.
AB - The topic of legal normativity absorbed Hart until the last years of his life. This paper offers a diachronic analysis of Hart’s perspective on the obligation to obey the law. The aim is to show that, at least as regards the justification of the obligation to obey the law, Hart’s former attempt to maintain the autonomy of law from morality and coercion is not convincing and that the “conventionalist turn” sketched in the Postscript leads to a dead end. Therefore, to give up the autonomy of legal obligation from moral obligation seems the only way forward, being aware that this move does not imply the abjuration of legal positivism.
KW - Normativity; legal obligation
KW - moral obligation; legal positivism; conventionalism
KW - Normativity; legal obligation
KW - moral obligation; legal positivism; conventionalism
UR - http://hdl.handle.net/10447/67611
M3 - Article
VL - analisi e diritto 2012
SP - 153
EP - 173
JO - ANALISI E DIRITTO
JF - ANALISI E DIRITTO
SN - 1126-5779
ER -