Can Hart's non-cognitivism be reconciled with his rejection of the predictive and sanction-based explanations of law? This paper analyses Hart's notion of the internal point of view and focuses on the notion of acceptance of a rule along the lines of a non-cognitivist understanding of intentional actions. It is argued that a non-cognitivist analysis of acceptance of rules is incomplete and parasitic on a more basic or primary model of acceptance that does not involve mental states. This basic or primary (...) model of acceptance explains actions in terms of other actions and in terms of reasons for actions that are both presented as good-making characteristics and transparent to the agent. If Hart's internal point of view is able to work as the key argument to reject predictive and sanction-based explanations of law, it needs to make the outward approach of intentional action basic or primary rather than rely on an inward approach such as the one advanced by non-cognitivism. (shrink)

Kelsen advanced a sophisticated naturalist conception of intention and adumbrated a methodological strategy that would enable the transformation of the sophisticated naturalist conception of ‘intention’ into a cognizable object of legal science while simultaneously providing an explanation of the legal ‘ought’. The methodological strategy is the ‘inversion thesis’ which establishes that legal norms enable us to objectively identify and determine the ‘will’ or the intention of legal authority. Contrary to nineteenth century psychologism, Kelsen argues that it is not the case (...) that the will or the intention of the sovereign determines what the norm is, rather it is the legal ought that ‘objectifies’ the will. However, it is argued that in spite of the fact that Kelsen advanced a sophisticated account of intentional action, he fails to understand the complexities of the notion of the ‘will’, intentional action and practical reason. What does he miss in his understanding of the notion of the practical? I will advance the view that the notion of the practical or deliberative involves, both in Kant and Aristotle, the transparency condition which establishes that the agent or deliberator intentionally acts for reasons that are self-evident or transparent to him or her. It is a recalcitrant feature of the deliberative standpoint that cannot be theorised. For Aristotle, Aquinas and Anscombe the deliberative standpoint can be known through the end or goal of the intentional action as this provides the form of the action. The end is presented as a good-making characteristic. As problematic as that might be, this means that the end needs to be presented as a good-making characteristic and therefore it involves evaluation. For Kelsen, the soundness of this conception is an insurmountable obstacle to theorise the ‘ought’ and therefore the ‘will’. Yet, surprisingly and contrary to Kelsen’s own notions, I will show that Kelsen’s ‘inversion thesis’ is parasitic on Aristotle–Anscombe’s ‘ought’. (shrink)

What is the relation between first person authority and knowledge of one’s own actions? On one view, it is because we know the reasons for which we act that we know what we do and, analogously, it is because we know the reasons for which we avow a belief that we know what we believe. Carlos Moya (2006) attributes some such theory to Richard Moran (2001) and criticises it on the grounds of circularity. In this paper, I examine the view (...) attributed to Moran. I rebut the charge of circularity, but also reject the theory as an adequate interpretation of Moran. (shrink)

¿Qué relación existe entre la autoridad de la primera persona y el conocimiento de las propias acciones? Una posibilidad es que gracias al conocimiento de las razones que tenemos para actuar sabemos qué es lo que hacemos y, análogamente, gracias al conocimiento de las razones que tenemos para admitir [avow] una creencia sabemos qué es lo que creemos. Carlos Moya atribuye una teoría de este tipo a Richard Moran y la critica por ser circular. En este trabajo examino la teoría (...) atribuida a Moran, refuto la idea de circularidad, pero también rechazo la teoría como una interpretación adecuada de Moran. (shrink)