The general thrust of the present discussion is that, in addition to its contribution to economizing on enforcement costs, there is a connection between the internal point of view and the aspiration to republican self-government: the greater the incidence of the former, the greater the achievement of the latter, ceteris paribus. This fact imbues the notion of a healthy legal system with a crucially normative component that goes beyond, and need not be inconsistent with, efficient social organization.
Jurisprudence, HLA Hart, Internal Point of View
Place of Original Publication
Fordham Law Review
75 Fordham Law Review 1287 (2006)
Nance, Dale A., "Rules, Standards, and the Internal Point of View" (2006). Faculty Publications. 123.