Abstract

SCAVUZZO, Natalia. Internal Legal Positivism: Epistemology or Ideology of Law?. Isonomía [online]. 2021, n.54, pp.109-133.  Epub Nov 03, 2021. ISSN 1405-0218.  https://doi.org/10.5347/isonomia.v0i54.428.

The present work presents an interpretation of Hartian internal statements based on Wittgenstein’s philosophy of language and Winch’s social knowledge methodology. According to this reading, the distinction between internal and external statements represents contextualism in analytical legal theory. It is argued that the descriptive discourse of what is mandatory, allowed or prohibited in a legal system is always an internal discourse regarding its membership criteria. Moreover, it is argued that this internal discourse does not have an ideological but a cognitive function and still allows the separation of validity and legitimacy questions.

Keywords : HL.A. Hart; internal and external statements; description of law; legal science; contextualism.

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