Volume 40, 2008
Philosophy of Law
The Relationship between Law and Morality from the Internal Point of View
This article insists on the relationship between law and morality from the internal point of view. H.L.A. Hart makes distinction between internal and external viewpoints. In the framework of Hart’s approach, it is difficult to imagine the internal point of view as a moral point of view. In fact, the internal point of view illuminates the normative character of rules; it shows that the members of the group accept the rules as standards of behavior for the group as a whole. To explain the internal point of view which includes also moral view, we should leave Hart’s definition. But we may use his definition as accepting and using a rule. For this, we should question the meaning of accepting a rule and using a rule.