Chapter

Commands and Authoritative Legal Reasons

H. L. A. Hart

in Essays on Bentham

Published in print November 1982 | ISBN: 9780198254683
Published online March 2012 | e-ISBN: 9780191681509 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198254683.003.0011
Commands and Authoritative Legal Reasons

Show Summary Details

Preview

This chapter first examines critically Bentham's account of what a command is and the curious theory of assertion, indeed of meaning, on which his analysis in part rests. It then shows that though Bentham's account of what a command is is in various ways defective, he does touch on certain elements embedded in the notion of command out of which the idea of an authoritative legal reason may be illuminatingly constructed. Thirdly and lastly it raises the question whether it is possible to bring the notion of an authoritative legal reason into the analysis of the relevant legal phenomenon without surrendering the conceptual separation of law and morality.

Keywords: theory of assertion; command; legal reason; law and morality; Bentham; sanctions

Chapter.  10329 words. 

Subjects: Jurisprudence and Philosophy of Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.