Austin, Hart and Shapiro. Three Variations on Law as an Entity Based on a Social Practice

Abstract

Social ontology within analytical philosophy studies the nature of entities, which belong to the social reality. From social ontology’s perspective, this article analyzes three interpretations of the positivistic thesis according to which the law is an entity grounded on a social practice. The three interpretations are available in Austin Hart and Shapiro’s theories of law. The paper has two aims. First, highlights some new aspects of Austin and Hart’s theories based on the idea that the law is a kind of joint action. Second, it analyzes some fundamental elements in Shapiro’s thesis concerning the law as a plan. These elements allows understanding the law as a social entity, and some of them has been overlooked by Shapiro’s proposal.