A discussion of the views of Joseph Raz and H.L.A. Hart regarding the distinctions between committed and detached normative statements, and between external and internal statements made about the law.
Written in 2006; 2,025 words; 5 sources; MLA; $ 64.95
Paper Summary:
This paper examines the distinctions drawn between committed and detached normative statements, as well as between external statements about the law and internal statements made by those who accept the law. It focuses particularly on the views of Joseph Raz and H.L.A. Hart regarding this issue. The paper asserts that both Raz and Hart tap into the internal viewpoint of a person on whether one accepts a rule or not as law, but only at a superficial level. Raz's 'committed statement' and 'detached normative statement' parallel Hart's 'internal statement' and 'external statement' respectively. On this level, the paper posits that Raz's theory supplements Hart's theory. It concludes, however, that there are subtle differences between the two and that Raz's ideas bring Hart's theory to a different level.
From the Paper:
"Raz contends that the acceptance of rules of recognition is a moral decision, not just a matter of fact as Hart asserts. In Practical Reason and Norms (1990), Raz states that 'Intuitively, it is always the case that one ought to do whatever one ought to do on the balance of reasons', which is the core of Raz's theory of practical reasoning. He suggests that reasons can be categorised into first and second order reasons. An example of a first order reason: 'I bought a bottle of champagne, and because I love drinking champagne, I have a first order reason for drinking it'. A second order reason that counteracts my first order reason could, for example, be that 'I promised the bottle of champagne for my friend to drink'. This second order reason (i.e. a promise) excludes further deliberation as to whether I want to drink the champagne."
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