@inbook{b420de471eb147199fb64ae4a4e4fa99,
title = "Rule of Recognition, Convention and Obligation. What Shapiro Can Still Learn From Hart{\textquoteright}s Mistakes",
abstract = "Shapiro works out a version of legal positivism taking as its starting point Hart{\textquoteright}s practice theory of law. Some serious limits of Hart{\textquoteright}s practice theory of norms concern the conception of legal obligation and normativity of law. In this paper I analyze the limits of Hart{\textquoteright}s conception of legal normativity and I appraise whether the planning theory of law indicates the correct direction for overcoming them. To anticipate the conclusion, my effort is to show that Shapiro replicates Hart{\textquoteright}s mistakes on this subject-matters. The paper is divided in three main sections. First, I will present briefly a critical reconstruction of Hart{\textquoteright}s conception of normativity, reconstruction which is partially different from that given by Shapiro in Legality. I will analize either the original conception of normativity sketched out by Hart in The Concept of Law and the (partially) different conception which can be drawn by the Postscript. Then, I will deepen the conceptions of legal obligation and authority of law associated with the planning theory of law. Few concluding remarks will be devoted to some Shapiro{\textquoteright}s assumptions on legal positivism.",
keywords = "Legal positivism, authority, conventionalism, legal obligation, normativity, Legal positivism, authority, conventionalism, legal obligation, normativity",
author = "Aldo Schiavello",
year = "2012",
language = "English",
isbn = "978-94-007-4592-6",
series = "Law and Philosophy",
pages = "65--87",
booktitle = "The Planning Theory of Law. A Critical Reading",
}