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Bentham’s Command versus Hart’s Authoritative Reason
Zhai, X.
2014-06-17
Source PublicationThe Legal Philosophy and Influence of Jeremy Bentham
Publication PlaceLondon
PublisherRoutledge
Pages170-195
AbstractIn this chapter I attempt a threefold task. The first is to examine briefly Hart’s criticism of Bentham’s assertive account of a command, upon which, in part, rests his construction of the notion of a peremptory reason for action. The second is to demonstrate that Bentham’s notion of a command does not contain in it the germ of Hart’s idea of a peremptory reason for action, and that the latter would make no sense to Bentham. Thirdly, I show what Bentham would think of Hart’s so-called ‘distinctive normative attitude’, and discuss the way in which Bentham would understand the normativity of law.
KeywordBentham Command Hart Authoritative Reason Peremptory Reason
URLView the original
Language英語English
ISBN9781138020573
The Source to ArticlePB_Publication
PUB ID21458
Document TypeBook chapter
CollectionDEPARTMENT OF GLOBAL LEGAL STUDIES
Recommended Citation
GB/T 7714
Zhai, X.. Bentham’s Command versus Hart’s Authoritative Reason[M]. The Legal Philosophy and Influence of Jeremy Bentham, London:Routledge, 2014, 170-195.
APA Zhai, X..(2014). Bentham’s Command versus Hart’s Authoritative Reason. The Legal Philosophy and Influence of Jeremy Bentham, 170-195.
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