Jump to ContentJump to Main Navigation
H.L.A. Hart, Second Edition$
Users without a subscription are not able to see the full content.

Neil MacCormick

Print publication date: 2008

Print ISBN-13: 9780804756785

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804756785.001.0001

Show Summary Details
Page of

PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 16 April 2021

Sanctions, Punishments, Justice

Sanctions, Punishments, Justice

(p.168) Chapter Twelve Sanctions, Punishments, Justice
H.L.A. Hart, Second Edition
Stanford University Press

H. L. A. Hart's theory of social rules and standards implicity addresses the idea of “critical reactions” to deviant conduct. The internal point of view, which involves a preference for conduct according to a certain pattern, also logically entails adverse reactions to conduct that does not conform to the pattern. Breaking such a rule naturally generates disapproval from those who accept the rule. Many people are supposedly sensitive, some highly sensitive, to the disapproval of others. If the term “sanction” is taken to mean any normally disagreeable experience that a person may suffer after violating some standard of conduct, it follows that there are no rules without “sanctions” in this general sense. This chapter focuses on Hart's theory of sanctions and punishments in relation to justice. It first discusses the legal notion of sanctions and rules before turning to the distribution of punishment with respect to justice and responsibility.

Keywords:   H. L. A. Hart, sanctions, punishments, justice, responsibility, rules, disapproval, social rules, critical reactions, internal point of view

Stanford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.