Hart on the Internal Point of View

1
Hart on the Internal Point of View

• COL 89-91, 102, 242-3, 254

2
The external point of view (1)

• An observer who takes the external point of
  view on legal rules is content merely to record
  the regularities of observable behaviour in which
  conformity to the rules partly consists and those
  further regularities, in the form of hostile
  reactions, reproofs, or punishments, with which
  deviations from the rules are met COL 89

3
External point of view (2)

• If one fully sticks to the external point of view
  ones description may not be in terms of rules at
  all.
• His view will be like the view of one who,
  having observed the working of a traffic signal
  in a busy street for some time, limits himself to
  saying that when the light turns red there is a
  high probability that the traffic will stop. He
  treats the light merely as a natural sign that
  people will behave in certain ways.
• COL 90

4
External point of view (3)

• The external point of view may very nearly
  reproduce the way in which the rules function in
  members of the groupwho reject its rules and
  are only concerned with them when and because
  they judge that unpleasant consequences are
  likely to follow violation. COL 90
• This would be the point of view of Holmes bad
  man.

5
Internal point of view (1)

• The internal perspective is taken by those who
  accept and voluntarily cooperate in maintaining
  the rules, and so see their own and other
  persons behavior in terms of the rules.
• COL 91

6
Internal point of view (2)

• participants manifest their internal point of
  view in accepting the law as providing guides to
  their conduct and standards of criticism.
• When one speaks of a law as a valid law one takes
  the internal perspective. COL 102

7
Internal point of view (3)

• Hart believes that an adequate account of legal
  rules and legal obligation cannot dispense with
  the internal point of view.
• The trouble with the predictive theory of
  obligation is that it falls to remember the
  internal point of view. COL 91

8
Issues for discussion

• Can one explain rules without reference to an
  internal point of view?
• Do you take the internal perspective in regard to
  the rules of English?
• Is it necessary for the existence of a legal
  system that the citizens take the internal
  perspective on the primary rules?