Chapter

Positivism and ‘Authority’

John Finnis

in Philosophy of Law

Published in print April 2011 | ISBN: 9780199580088
Published online September 2011 | e-ISBN: 9780191729409 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199580088.003.0005
Positivism and ‘Authority’

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This chapter examines some main features of Hart's methodology. It proceeds to a consideration of ‘conceptual analysis’, by showing how it is possible to devise (as Rolf Sartorius did in the conference paper under discussion) coherent concepts of political or legal authority which nonetheless are unfitted for use in political or legal theory. The method of classical social theory deploys the internal point of view more appropriately, as is exemplified in ELizabeth Anscombe's need-based discussion of the source of the authority of the state.

Keywords: Hart; methodology of legal theory; Sartorius; Elizabeth Anscombe; internal point of view; political authority; authority of law

Chapter.  6481 words. 

Subjects: Jurisprudence and Philosophy of Law

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