Legal theory and the internal point of view: developments and re-appraisals.

Author/s Massimo La Torre
Publishing Year 2012 Issue 2012/3
Language Italian Pages 19 P. 7-25 File size 116 KB
DOI 10.3280/SD2012-003001
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The article sets out to elaborate on the so-called internal point of view and its reception in contemporary legal theory. Originally proposed by Herbert Hart, the "internal" approach has not met with unanimous approval from legal philosophers, in spite of a hopeful start. Many developments in jurisprudence since Hart are openly hostile, beginning with Joseph Raz and his school. As a matter of fact, the "internal" approach (the one taken by a participant in legal practice, not by the bystander) seems to conflict with the neutrality expected of legal scholars by legal positivism. In Italy, this reconsideration of the role of the internal perspective is found in the impressive and ambitious work of Luigi Ferrajoli, whose "axiomatic" methodology is decidedly impracticable for the participant in legal practice and only seems to be possible from the vantage point of a detached, impassive observer. These are the issues that the article sets out to discuss.

Keywords: Internal point of view - Compliance with rules - Legal theory - Axiomatic theory - Luigi Ferrajoli

Massimo La Torre, Teoria del diritto e punto di vista interno. Sviluppi e ripensamenti in "SOCIOLOGIA DEL DIRITTO " 3/2012, pp 7-25, DOI: 10.3280/SD2012-003001