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What is Hart`s Internal Point of View?
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하트의 내적 관점이란 무엇인가?

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Academic journal
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Korean Association Of Legal Philosophy Korean Journal of Legal Philosophy Vol.16 No.1 KCI Accredited Journals
Published
2013.4
Pages
113 - 142 (30page)

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What is Hart`s Internal Point of View?
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‘The internal point of view`` in Hart`s legal theory is a fairly ambiguous and complex concept that does not allow a simple and straightforward explication. Thus, as for the potential analysans often used to explicate the concept, such as ``insider``s point of view``, ``participant`s point of view``, ``practicioner`s point of view``, each of them alone does not provide a sound analysis of the analysandum (``internal point of view``) although they are all very useful as such. Therefore, a sophisticated explication of ‘rule acceptance``, a core element of the analysandum, needs to accompany the analysis in question. Regarding this requirement, Hart offers an available, if not fully clear, explication of ``rule acceptance``, thereby mitigating the ambiguity and complexity of the analysandum. In addition, ``the internal point of view`` plays a double role in Hart`s legal theory. On the one hand, it reflects the attitude of the subjects as practical agencies toward their acceptance of the legal rules. On the other, it necessarily is involved in and thus makes possible the so-called hermeneutic point of view, i.e., a perspective employed by legal theorists having a theoretical as opposed to practical concern and goal to observe and describe the legal practice.
#external point of view #H. L. A. Hart #수행-능력 #내면화 #내적 관점 #participant`s point of view #관 찰자의 관점 #해석학적 관점 #activity-competency #하트 #internal point of view #참여자의 관점 #hermeneutic point of view #observer`s point of view #외적 관점 #internalization

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김건우 / 2013 / 분석적 법리학의 의의와 한계 / 성균관법학 25(1):1~26 google schola S. Shapiro / 2006 / What is the Internal Point of View? / Fordham Law Review 75 google schola H.L.A. Hart / 2001 / 법의 개념 / 아카넷 :75~76 google schola J. Austin / 1995 / The Province of Jurisprudence Determined / Cambridge University Press :21 google schola F. Jackson / 1997 / From Metaphysics to Ethics: A Defence of Conceptual Analysis / Oxford University Press google schola

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