...how about the myth that there is a problem for legal positivism presented by the so-called "normativity" of law or the more recent myth that Hart made any kind of "category mistake" in his account of social rules or the rule of recognition. The former myth is somewhat understandable, the latter one not. General jurisprudence--philosophical inqiry into the nature of law and the relationship between law and morality--has made a lot of progress since 1961, it's a shame to see it set back by confusions and sometimes nonsense.
Recent Comments