Andrej Kristan (Tarello Institute for Legal Philosophy, Law Department, University of Genoa (Italy)) has posted Another Way to Meet Hart's Challenge (Forthcoming in Unpacking Normativity: Conceptual, Normative and Descriptive Issues. Eds. Himma, Jovanović & Spaić. Oxford: Hart Publishing, 2018) on SSRN. Here is the abstract:
The purpose of this chapter is to lay the basis for a novel theory of the normativity of legal discourse. The argument proceeds as follows. First, HLA Hart’s critique of conceptual rule-skepticism is briefly revisited. Next, the author points to one drawback of Hart’s own account of legal normativity. Finally, he gives an alternative explanation of the normativity of legal discourse. The explanation he offers is intended to meet Hart’s challenge for the conceptual rule-skeptic and to avoid the drawback of Hart’s own theory.