Can Hart’s ‘middle way’ between Moralism and Reductivism be rescued? A Character-based attempt at social normativity
March 19, 2012
Hart’s The Concept of Law has left positivism uneasy with the philosophical divide between moralism and reductivism. The Hobbesian notion of moral chaos, from which positivism is derived, requires that the law be understood independently from subjective moral values, and the rejection of moralist accounts. A reductivist legal theory, Hart argues, is insufficient in that… More Can Hart’s ‘middle way’ between Moralism and Reductivism be rescued? A Character-based attempt at social normativity