Abstract

DIAZ ROMERO, Ubaldina. An approach to sources: The rule of recognition in Herbert L. A. Hart's theory. Estud.filos [online]. 2023, n.67, pp.127-147.  Epub Jan 25, 2023. ISSN 0121-3628.  https://doi.org/10.17533/udea.ef.348545.

The article is located in the iusphilosophical scenario of the mid-twentieth century. Its objective is to trace the sources of Hart's rule of recognition, taking as its starting point the thesis that makes such rule a weighted response to the debate between the Kelsenian formalism and the utilitarian theory of Bentham and Austin in the first instance. This is explored in the sources recognized and not recognized by the author himself, since the article maintains the decisive presence in methodology of direct ancestors such as Hobbes, Hume, Malinowski, among others. These do not grant to the mentioned rule of recognition a mere conciliatory desire of the previous traditions, but they rather define the nature of the rule and the need to address it to be addressed from interdisciplinary fields because it can bear fruit for the analysis of the underlying principles in judicial practice from the exploration of speech in context.

Keywords : rule of recognition; pure theory of law; internal perspective; pragmatics of language; pure theory of law.

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