Internal Point Of View Role Harts Theory Philosophy Essay

Internal Point Of View Role Harts Theory Philosophy Essay Jurisprudential debate concerning the nature of law is often thought of as a long-running battle between two schools of thought the rival camps of natural law and legal positivism. The natural law tradition has always emphasised laws grounded ness in justice and the common good, while legal positivism had tended to emphasise laws basis in authority. Legal positivism emerged from the work of Jeremy Bentham and his disciple John Austin. John Austin famously claimed that the idea of sanctions is the key to the science of jurisprudence.  [1]  Thus, he held legal rules to be threats backed by sanctions and statements of legal obligations as predictions that the threatened sanctions will be carried out. Furthermore Hans Kelsen sought to explain legal rules and obligations in terms of norms, he understood these norms to be directives to courts requiring that sanctions be applied. Splitting the difference between Austin and Kelsen, Alf Ross conceived of legal rules as norms addressed to courts directing the use of sanctions and statements of legal validity as predictions that these norms will be followed. However, one of the two greatest twentieth-century (the other one is Hans Kelsen) exponents of the legal positivism was, without question, Hart. In his principal book The Concept of Law  [2]  , Hart describes the central thesis of legal positivism as the simple contention that it is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality, though in fact they have often done so.  [3]  Therefore the central claim of legal positivism is that law is separate and distinct from morality. However, Hart showed that sanction-centred accounts of every stripe ignored an essential feature of law. This feature he termed the internal point of view. Though the internal point of view is perhaps Harts greatest contribution to jurisprudential theory, this concept is also often and easily misunderstood. Seen from the internal point of view, the law is not simply sanction-threatening, directing, or -predicting, but rather obligation-imposing. Therefore, what, exactly, is the internal point of view? What role (or roles) does it play in Harts theory? Briefly the internal point of view is the practical attitude of rule-acceptance it does not imply that people who accept the rules accept their moral legitimacy, only that they are disposed to guide and evaluate conduct in accordance with the rules. The internal point of view plays four roles in Harts theory: (1) it specifies a particular type of motivation that someone may take towards to the law; (2) it constitutes one of the main existence conditions for social and legal rules; (3) it accounts for the intelligibility of legal practice and discourse; (4) it provides a naturalistically acceptable semantics for legal statements. At one point, Hart observes that the element of authority involved in law has always been one of the obstacles in the path of an easy explanation of what law is  [4]   Hart argues that the command theorists emphasised force as the main component of all law and have looked only on one side of the coin the external element of law which compels people to act out of fear. This may be the bad mans view of the law and Hart argues that it does not present a balanced picture. A positivist theory of law must offer an account of the nature of law-making authority. At the same time, positivists claim that the validity of a law does not entail an obligation to obey it. This means that the theory is quite independent of any theory about the basis of a moral obligation to obey the law. Bentham and Austin approached these problems by treating statements about sovereignty, rights and obligations as straight forward statements of observable social facts. Therefore in focusing only on the commands of a sovereign and the actions of officials in imposing sanctions, the command theorists have ignored the internal element which characterises all law. This is known as t he internal point of view which make people feel a sense of obligation to obey the law. There is a distinction between the two aspects of law, to be obliged that is to be forced to act in a certain way because of some threat, such as when an armed man orders a person to hand over money, and to be under an obligation that is to feel within oneself a sense of duty to act in a certain way without some external stimulus compelling such action. Hart also argues that the command theories explain law only in terms of the first notion, and that to this extent they are inadequate, because the law operates both in an external and an internal fashion to induce compliance. According to Stephen Perry, for example, [t]he general idea of the internal point of view is that an adequate jurisprudential account must at some point take into consideration how the practice looks to at least some of the practices participants, from the inside.  [5]  Likewise, Gerry Postema writes: The law, like other similar social practices, is constituted not only by intricate patterns of behavioural interactions, but also by the beliefs, activities, judgments and understandings of participants. The practice has an inside, the internal point of view of participants.  [6]   On this reading, Harts doctrine of the internal point of view is a methodological prescription which demands that legal theories resonate with the shared experiences of legal natives. Jurisprudence must take the point of view of the insider, and come in contrast with those theories that ignore the beliefs and attitudes of those who live under the law. Hart used the internal point of view to discredit sanction-centred theories of law, such as those proposed by Oliver Wendell Holmes and Hans Kelsen. Hart argued that these theories are myopic for they ignore or mask the range of attitudes that people typically have towards the law. The problem with bad man theories such as Holmes is that they assume that people are motivated to follow the law solely in order to avoid sanctions, rather than for the reason that rules require such behaviour. These theories, Hart says, define [the internal point] of view out of existence. The problem with Kelsens theory, he claims, is that it focuses exclusively on one technique that the law uses to motivate conduct to the exclusion of all others. The law not only directs officials to punish those who dont comply with the rules, but provides guidance for those who want to live up to their obligations. Holmes bad man is an insider himself, namely, one whose curiosity about the law is aroused solely by his aversion to sanctions. The problem with Holmes theory, rather, is that he privileges one type of insiders point of view over another. By focusing solely on the perspective of the bad man, sanction-centred theories define the other point of view, namely, the internal point of view, out of existence. What, then, is the internal point of view? As Hart used the term, the internal point of view refers to the practical attitude of rule-acceptance. Someone takes this attitude towards a social rule when they accept or endorse a convergent pattern of behaviour as a standard of conduct. Whereas the phrase the internal point of view is univocal it refers to a specific practical attitude. With respect to the practical point of view, there are two attitudes the insider can take towards the rules: acceptance and non-acceptance. Anyone who accepts the rules has, according to Hart, taken the internal point of view. Anyone who does not accept the rules, either because they are like the bad man and take the practical, but non-accepting, point of view, or because they are merely observing and hence dont take a practical stance at all, has taken the external point of view. Harts internal point of view, therefore, is the practical attitude of rule-acceptance. But what exactly does it mean to accept a social rule? Hart says that to accept a social rule is to regard a pattern of behaviour as a general standard to be followed by the group as a whole. It is to treat existence of the rule as a reason and justification for action, as the basis for claims, demands, admissions, criticisms or punishment, as establishing the legitimacy of these demands and criticisms. Hart is quite clear that one does not have to believe in the moral legitimacy of the law in order to accept its authority. Given that the internal point of view is not the moral point of view, what does Hart mean when he characterizes it as acceptance of a rule as a standard of conduct? When one takes the internal point of view towards a rule, one acts according to the dictates of the rule. Of course, there must be something more to the internal point of view, given that the bad man also conforms to the rules. The second way in which the internal point of view is expressed is through critical evaluation. Thus, participants who accept the rules criticize others, and perhaps even themselves, for failing to conform to the rules. Finally, the internal point of view is usually expressed by statements that use normative terminology such as ought, must, right, and wrong.22 Thus, if someone accepts the rule that men must bear their heads upon entering a church, this practical attitude might be expressed by statements of the form: You ought to take off your hat in Church or It was wrong of me not to take off my hat last Sunday. Hart calls these statements internal statements, because they normally express the internal. point of view.23 Hart contrasts these practical statements with theoretical statements that others accept a particular rule. For example, someone might say, Episcopalians accept a rule requiring men to take off their hats in Church. Hart calls these external statements because they usually express the external point of view.24 They are statements that a particular group accepts certain rules normally made by t hose who do not accept those rules themselves. Harts internal point of view must be understood as a commitment to act in all of the above ways. That is, one takes the internal point of view towards a rule when one intends to conform to the rule, criticizes others for failing to conform, does not to criticize others for criticizing and expresses ones criticism using evaluative language. At first impression Hart conception of law, as a symbiotic relationship between primary and secondary rules, and more importantly the internal aspect seems valid. Hart concept of the internal aspect distinguishes between social rules and social habits. A crucial distinguishing feature from a social habit and a social rule is that habit lack criticism from others in a group when the convergent behaviour is deviated from. Deviation from the convergent behaviour makes criticism and the rule legitimate, and often is manifested through normative language such as you ought to or you should do, a certain type of behaviour. The internal aspect and therefore rules is an important constituent for Hart conception of law, because essentially law is the union of primary and secondary rules. A primary rule imposes duties and prescribes how one must act by way of recognizing a general standard mode of behaviour. The secondary rules consist of the three important characteristics, which can be charac terized as sub rules, which give the concept of rules as law and obligations, but more importantly, law as a system of rules. First is the rule of recognition, which helps to determine whether a rule is indeed a rule, this is determined by the influx of criticism for deviation of the rule and the existence of social pressures to conform. The second, denoted as the rule of change, which allows for the creation of new primary rules or the change and modifications of old rules for the group to live by, these rules are also subject to procedural standards. The final characteristic is the rule of adjudication that determines whether or not a primary rule has been violated and prescribes the procedure the courts must follow to apply sanctions. Indeed the mosaic of the internal aspect, a primary and secondary rule as law is very attractive, for Hart is able to explain where Austin has failed. Primary rules are laws, because they are general and span over the territory in which the sovereign has authority, and secondary rules are a means to enforce and amend the laws. However Hart analysis

Do Soaps Represent ‘real’ life? Essay

Soap operas are viewed by millions of our population every day; on average Eastenders has a viewing coverage of approximately 13million. There are a number of reasons as to why soap operas appeal to such a large and diverse audience. In this essay I will be examining these reasons with reference to my own attraction to soaps, and seeing how the soap stories fit into the everyday lives of the millions who watch them. Furthermore, I will investigate the way in which the construction and conventions of a soap opera relates to ‘real’ life. My discussion will include different aspects of a range of the most popular British soaps, for example, Crossroads, Coronation Street, Hollyoaks and Eastenders. It is hard to prove that soaps represent real life. Surely if they were truly reflective, we would all have fallen tragically into at least one coma by now. And we would have come out of it, too, with better hair and a new contract. It is true that the murder rate in Britain is at a record high. But if soaps were to be believed, it would be a whole lot closer to Colombia’s murder rate. You’re no one on the small screen until you’ve been whacked. The incidence of animal-print evening wear has also skyrocketed in this country. But it could never reach soap-opera Bet Lynch proportions. Similarly, the use of the phrase â€Å"If you ever come back here again† has peaked on soap operas at a level impossible to sustain in real life without a face like Phil from Eastenders and the gravelly, ‘I-will-whack-you’ voice to go with it. There are, also, many illegitimate children born in Britain today. About 40 per cent of all births are now â€Å"out of wedlock†. But if the soaps were anything to go by, that number currently would be nudging something much higher. The fact that approximately twenty years ago, ten to twelve soap operas were shown daily, each an hour or half an hour long would support this notion. The first went on at 10am and the last at 3:30pm, (the hours during which the majority of women were at home). There was an obvious pattern running through these soaps, they were generally set in small towns, involved two or three families connected with one another. Families were often composed of several generations from a range of classes on the social scale, although most identifiably middle – class. Men and women worked outside the home, usually in professions such as law and medicine. However, the focus of the programmes was on people discussing personal and domestic crises. Occasionally controversial social problems such as rape and murder were included and were for the most part, handled in a sensitive manner. However, in spite of the fact that soaps contained more references to social problems than any other form of entertainment at the time, critics tended to fault them heavily for their lack of realism. The fans and audience (the women) would insist on the soap operas lifelikeness, but the fact that blacks and other minorities were almost completely excluded as well as other underlying problems and exclusions would suggest that these soaps were no more ‘real’ than a fictional story. Some people may suggest that soap operas have moved on much further from the days of the early Crossroads, I mean just look at the ‘modernised’ Crossroads. There are many men and women portrayed in the storylines that come from a variation of ethnic minorities, Asians, Nigerians, Indians, the list goes on. And it’s not only Crossroads that has these kinds of ethnic minorities, it is Eastenders and Hollyoaks and Coronation Street also. If you are a keen supporter of either Hollyoaks or Eastenders, you may even notice that the most recent additions to each cast were families from ethnic minorities and both have taken on quite bold storylines as they have entered their respective programmes. For example, the current ‘Ronnie’ storyline in Eastenders is a gripping one and the fights and feuds in Hollyoaks attempt to show that families from ethnic minorities can live in a dominantly white society just as normally as a white family can. However, what we must ask ourselves is, just because there are a few characters from ethnic minorities dotted around these soap operas, does it mean they are directly and accurately representing ‘real’ life? My answer to that question would be no and my reasoning is this; although Eastenders contains at least nine characters that I can name that are from an ethic minority, there are only two families in the soap. Also, although nine may sound like a reasonably large number, it is not relative to the programme that is being shown and the area that it is set in. I can assure you that if you were to visit the East End of London as a white person you would be far outnumbered by the number of people from varying ethnic minorities, therefore I would like to suggest that Eastenders is not a true representation of ‘real’ life. This statement explicitly suggests that the soaps may have been a little unrealistic years ago but they have progressed to a state where they are representative of ‘social realism’. In support to this idea, it can be noted that contemporary soaps now employ a number of standard conventions, and many researchers have attempted to list some of the typical characteristics. For example, Sonia Livingstone believes the common soap opera features include: ‘transmission at regular, frequent times, often daily; predominantly aimed at female viewers , occupying day-time/early evening slots; use of fairly constant and large cast, over many years, and a faithful audience; cheap production costs, regarded as low prestige entertainment; concern with daily activities, centred on a small community and/or large family; simulation of real time and realistic events; interwoven narratives, with overlapping resolutions; ‘cliff-hangers’ to ensure committed viewing; focus on female characters and ‘feminine’ or domestic concerns. ‘

The Sacrifice Of Equality By Kurt Vonnegut Jr. - 1252 Words

The Sacrifice in Equality What do people give up on during the pursuit of equality? Throughout American history, people have gave up numerous things to strive for just a little bit more equality. Some things they were striving to become more equal were; gender, race, sexual orientation, jobs, opportunity, and education equality. Will there ever be true equality in the United States, or anywhere in the world? If so, what would they have to give up to ensure that there is true equality everywhere they go. Kurt Vonnegut Jr., the author of â€Å"Harrison Bergeron,† called to attention what it would be like in a world that had true equality and questioned if we should really strive for this in our society. â€Å"Harrison Bergeron,† written during the American Civil Rights Movement in the 1960’s explores a society that is truly equal, made possible through a number of handicaps and limitations. Vonnegut grabs your imagination and insights a society in your mind, like no other in this world. He shows that this society is a dystopia, and the level of true equality we would ultimately need, is unreal. Vonnegut judges the principle of total equality on a level that shows us we would have to sacrifice, all the qualities that make youself. To live in a dystopian world, and how it a poses a danger to society and our perception of it. Kurt Vonnegut, Jr. was born in Indianapolis in 1922, during the depression his father, a well-to-do architect, had no work, and the family lived very poorly.Show MoreRelatedAnalysis Of Harrison Bergeron By Kurt Vonnegut905 Words   |  4 PagesIn â€Å"Harrison Bergeron† by Kurt Vonnegut, Vonnegut expresses the dangers that could be caused in total equality. He deliberates the pain his characters have to endure through their handicaps they received from the government to assure equality in society. Vonnegut explores the dangers that total equality brings to society. 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This statement is noticeably evident in Kurt Vonnegut Jr.’s short story when he demonstrates the possible response to oppression in â€Å"Harrison Bergeron.† Likewise, in the memorable poem, â€Å"Still I Rise,† Maya Angelou illustrates the will power one can have to overcome accusations. Lastly, Hernando TellezRead MoreAlice Malsenior6001 Words   |  25 Pagesthe same culture as white Americans and they wanted to enjoy equal rights. From the 1950s through the 1970s, movements for civil and social rights, equality, and justice swept the United States. Mainstream beliefs about the freedom of African Americans were challenged and protesters prompted the government to intervene and act on behalf of their equality principles. Activists were prominent in local marches, revolts, and peaceful protests that placed thousands of people on the national stage of a continental

Essay Creons Pride - 1132 Words

Throughout Greek literature, the blind prophet Tiresias makes several appearances. In Sophocles’ plays Oedipus the King and Antigone, Tiresias tries in vain to warn the kings of Thebes of their wrong doing. In Antigone, Creon, the king of Thebes, refuses to reason with Tiresias after sentencing his niece Antigone to death for burying her brother. Throughout the text Tiresias and the Chorus to help Creon see the errors he has made, but he is blinded by his stubbornness. When Tiresias arrives in Thebes to speak to Creon it at first appears that Creon will obey the advice the prophet has to offer. This can be seen through their exchange where Tiresias says, â€Å"I will teach you. And you obey the seer.† (1094) to which Creon responds, â€Å"I will,/†¦show more content†¦And so the gods are deaf to our prayers, they spurn The offerings in our hands, the flame of holy flesh.† (1123-1129) This quote explains the main conflict of the play. Creon has ordered that Polynices, Antigone’s brother, cannot receive a proper burial because in Creon’s eyes he is a traitor. Polynices fought against his brother to claim the throne of Thebes, the pair ended up killing each other. Tiresias tries to tell Creon that he is wrong to do this because it is angering the gods that he is denying them a body. Tiresias even warns Creon not to be stubborn, â€Å"Stubborness/ brands you for stupidity-pride is a crime.† (1137-1138). Pride in Greek tragedies is most often the cause of a characters downfall and Creon is no exception. Even after Tiresias explains to Creon of his wrong doing, Creon refuses to change his mind and begins to insult Tiresias by claiming the prophet is only out for money. In anger, Tiresias unleashes a brutal prophecy to Creon, giving him one last warning: â€Å"The chariot of the sun will not race through So many circuits more, before you have sur rendered One born of your own loins, your own flesh and blood, a corpse for corpses given in return, since you have thrust to the world below a child sprung from the world above ruthlessly lodged a living soul within the grave- then you’ve robbed the gods below the earth, keeping a dead body here in the bright air, unburied, unsung, unhallowed by the rites.† (1183-1191) ThisShow MoreRelatedWilliam Shakespeare s Antigone - Hubris And Drama Essay2078 Words   |  9 Pagesqualification defines hubris as â€Å"exaggerated pride or self-confidence (Hubris).† Throughout Antigone both of these different characterizations of the word hubris can be found in specific events and characters. Being a Greek tragedy, it is evident that the concept of hubris plays a very important role in the development of characters and provides the reasoning for why each person does what they do. Much of the drama in this play is born from either excessive pride or from the unnecessary violence againstRead MoreThree Features of an Ideal Ruler Contrasted in The Aenied and Antigone1499 Words   |  6 Pagesobjectively enforces the laws to maintain order. But as Antigone progresses and Creon’s hubris becomes more prominent, he loses sight of the three qualities that make a good leader. However, unlike Creon, Aeneas starts as the ideal leader by utilizing the 3 quali ties and ends as an ideal leader, still demonstrating the same qualities—he is able to balance his personal desires with the needs of his citizens. Even when Creon’s own family does not honor the laws of Thebes, Creon still punishes them toRead More The Tragic Hero: Creon or Antigone? Essay1293 Words   |  6 PagesPolyneices. Despite his harsh governing and his crude ideals, he is not good or bad. Creon is the tragic hero of the play Antigone, because of his superiority in his society, his nobility, and his tragic flaw, self-pride. Creon was known as the antagonist King in Antigone. A sample of Creon’s antagonist actions is quoted: â€Å"†¦Polyneices, I say, is to have no burial: no man is to touch him or say the least prayer for him; he shall lie on the plain, unburied; and the birds and the scavenging dogs can doRead MoreAnalysis of Burial at Thebes Essay845 Words   |  4 Pagesand insist on the sacredness of family. Whereas Antigone sees no validity in a law that disregards the duty family members owe one another, Creon’s point of view is exactly opposite. He has no use for anyone who places private ties above the common good, as he proclaims firmly to the Chorus and the audience as he revels in his victory over Polynices. Creon’s first speech, which is dominated by words such as â€Å"principle,† â€Å"law,† â€Å"policy,† and â€Å"decree,† shows the extent to which Creon fixates on governmentRead MoreAntigone by Sophocles1059 Words   |  5 Pages and controlling ruler, but he is not good nor bad because he shows signs of both like when he wanted to give Eteocles a proper burial . Creon is the tragic hero of the Antigone, because of his dominance in society, high rank, tragic flaw; and self-pride. Creon is an antagonist in Antigone he is the bad guy and he opposes certain things like the right to burial. An example of his actions is can be seen here: â€Å"Polynices, who returned from exile with hopes of burning his native land and ancestral godsRead MoreCreon as Tragic Hero1586 Words   |  7 Pagesmade king when Oedipus Rex fled the kingship. Creon is the brother in law of Oedipus, and was giving the kingship only because Oedipus’s sons, Eteocles and Polyneices were killed trying to fight for the thrown. Antigone is Oedipus’s daughter and Creon’s niece. When it comes down to who the tragic hero is, Creon most definitely walks away with the title. A tragic hero by definition is ordinary person neither good nor bad, is in a better social standing, falls to misfortune, and contains a tragicRead MoreCreons Demonstrations of a Tragic Flaw in Sophocles’ Antigone705 Words   |  3 Pagesin portraying the concept of hamartia as an essential component in Creon’s downfall and, based on Aristotle’s characteristics of a tragic character, able to create a character that can be accurately and easily identified as the significant tragic character in the play. Despite the title of the tragedy, Creon undoubtedly provides greater moral significance and can capture the audience’s attention as the central character. 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