Abstract

This work analyzes how the internal point of view, which represents the perspective of the participant in the legal domain, can be understood within a Hartian framework. It critically examines how legal conventionalism has dealt with this issue. In particular, it criticizes the way in which contemporary conventionalists represent the perspective of participants in legal practice on the basis of cognitive mental states. It also criticizes the way in which they understand how the rule of recognition constitutes the practice. To address these problems, a model based on the philosophy of recognition is presented, showing how its historicity and the way it understands conflict may help to represent the participants' perspective from a practical point of view.