Teilnehmerperspektive und Rechtssatzlehre: Eine problematische Beziehung

Abstract

The Concept of Law by H. L. A. Hart is well known for drawing the distinction between an internal and an external point of view towards the law. German authors often refer to the same distinction in order to separate “normative” from “descriptive” legal statements. This article argues against such a reading of Hart’s theory: Though it might be justified to interpret The Concept of Law this way, Hart modified and refined his position later. The reasons for these changes are explained here. They reveal important insights into the nature of legal discourse. According to Hart’s final conception (influenced by Neil MacCormick and Joseph Raz) legal statements may be “normative” but “detached”. In this case, the utterance of a legal statement does not commit the speaker to the normative view it expresses.