Publication Date
2009
Journal
Washington University Jurisprudence Review
Abstract
The article critiques H.L.A. Hart's The Concept of Law from a Kantian perspective, arguing that Hart's separation thesis between law and morality is untenable. Hart's internal point of view, a cornerstone of his jurisprudence, is revealed to be indistinguishable from morality, undermining his effort to separate law from moral considerations. The analysis contends that Hart's theory ultimately collapses into a Kantian framework, where law and morality share a common form, challenging the foundational principles of legal positivism.
Volume
1
First Page
21
Last Page
96
Publisher
Washington University School of Law
Disciplines
Human Rights Law | Law | Natural Law
Recommended Citation
David G. Carlson,
Hart avec Kant: On the Inseparability of Law and Morality,
1
Wash. U. Jurisprudence Rev.
21
(2009).
https://larc.cardozo.yu.edu/faculty-articles/1256
