Abstract
This paper aims to employ some background knowledge in social ontology in order to offer an explanation of three emblematic positivistic interpretations of the social practice thesis, namely, the interpretations that are to be found in the theories by Austin, Hart and Shapiro. This examination will accomplish two purposes. On the one hand, it will illuminate new aspects of the theories by Austin and Hart by means of establishing to what extend they succeed in accounting for the intuition that law is a socio-ontological entity, or in simpler words, that law is something that we do together. On the other hand, it will shed light on some basic elements of Shapiro's Planning theory of law that make it possible to understand law as a socio-ontological entity.
| Translated title of the contribution | Austin, Hart, and Shapiro: three variations on law as an entity grounded in a social practice |
|---|---|
| Original language | Italian |
| Pages (from-to) | 159-183 |
| Number of pages | 25 |
| Journal | Diritto e questioni pubbliche |
| Volume | 15 |
| Issue number | 1 |
| Publication status | Published - 2015 |
Bibliographical note
First published in 2013 as 'Austin, Hart, and Shapiro: Three Variations on Law as an Entity Grounded in a Social Practice'. Rechtstheorie: Vol. 44, No. 2, pp. 157-188. DOI: 10.3790/rth.44.2.157Keywords
- social practice thesis
- Planning Theory of Law
- Austin
- Hart
- Shapiro