A CONCEPT OF "INTERNAL POINT OF VIEW" IN CRITICISM OF POSITIVISM BY J. FINNIS AND R. DWORKIN: AN OUTLINE OF POSITIONS
The article discusses the idea of an «internal point of view», considered in the context of the debates between positivism and natural law doctrines in modern Anglo-American jurisprudence. The article states the conception of an internal point of view, proposed by a positivist Herbert Hart, and the resulting «hermeneutic» attitude of his methodology, adopted in the subsequent doctrines of positivist (and non-positivist) legal thought. The article also considers influential variants of criticism of H. Hart’s conception by John Finnis and Ronald Dworkin, who implement approaches of a natural law doctrine, and marks their commonality and differences. As the main conclusion, the paper asserts a dual role of the idea of an «internal point of view», which, on the one hand, is an important element in the methodological foundation of modern Anglo-American positivism, ensured its development and authority in the second half of the 20th century, and, on the other hand, is a new basis for its criticism and a new field for the long-standing controversy between positivism and natural law theories.