A Debate about the Theory of Law and the Philosophy of Action. Introduction

Abstract

In Verónica Rodríguez-Blanco’s paper presented and discussed in this volume, she points out the following link between the theory of law and the theory of action: the legal theorist should have a starting point in a sound theory of human action, namely: that which allows to capture the point of the actions of the participants of legal practice. According to the author Hart ́s methodology of the internal point of view is “instable” because it does not achieve this goal. She faces three criticisms: one mainly discussing the scope and purpose of Hart ́s theory; another criticizing the internal point of view has some privilege as a scientific methodology, and a third one mainly discussing what would be a sound theory of human action. For me, having in mind the distinction between normative and causal explanations, I stress that not all explanation based on rules presuppose the agent representing the valuable purpose of the practice or institution.