Austin, Hart e Shapiro

tre variazioni sul diritto inteso come entità fondata in una pratica sociale

Translated title of the contribution: Austin, Hart, and Shapiro: three variations on law as an entity grounded in a social practice

Research output: Contribution to journalArticle

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.
Original languageItalian
Pages (from-to)159-183
Number of pages25
JournalDiritto e questioni pubbliche
Volume15
Issue number1
Publication statusPublished - 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.44.2.157

Keywords

  • social practice thesis
  • Planning Theory of Law
  • Austin
  • Hart
  • Shapiro

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