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H.L.A. Hart, Second Edition$
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Neil MacCormick

Print publication date: 2008

Print ISBN-13: 9780804756785

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804756785.001.0001

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PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in SSO for personal use.date: 14 October 2019

Sanctions, Punishments, Justice

Sanctions, Punishments, Justice

Chapter:
(p.168) Chapter Twelve Sanctions, Punishments, Justice
Source:
H.L.A. Hart, Second Edition
Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804756785.003.0012

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

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