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| hla harts the concept of law: The Concept of Law Herbert Lionel Adolphus Hart, Leslie Green, 2012-10-25 The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart'sPostscript, with fully updated notes to include modern references and further reading. |
| hla harts the concept of law: The Concept of Law Herbert Lionel Adolphus Hart, 1986 |
| hla harts the concept of law: Reading HLA Hart's 'The Concept of Law' Luís Duarte d'Almeida, James Edwards, Andrea Dolcetti, 2014-07-18 More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in the field. Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English. Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey. |
| hla harts the concept of law: The Concept of Law Herbert Lionel Adolphus Hart, 1994 |
| hla harts the concept of law: H.L.A. Hart Matthew H. Kramer, 2018-12-13 H.L.A. Hart is among the most important philosophers of the twentieth century, with an especially great influence on the philosophy of law. His 1961 book The Concept of Law has become an enduring classic of legal philosophy, and has also left a significant imprint on moral and political philosophy. In this volume, leading contemporary legal and political philosopher Matthew H. Kramer provides a crystal-clear analysis of Hart’s contributions to our understanding of the nature of law. He elucidates and scrutinizes every major aspect of Hart’s jurisprudential thinking, ranging from his general methodology to his defense of legal positivism. He shows how Hart’s achievement in The Concept of Law, despite the evolution of debates in subsequent decades, remains central to contemporary legal philosophy because it lends itself to being reinterpreted in light of new concerns and interests. Kramer therefore pays particular attention to the strength of Hart’s insights in the context of present-day disputes among philosophers over the reality of normative entities and properties and over the semantics of normative statements. This book is an invaluable guide to Hart’s thought for students and scholars of legal philosophy and jurisprudence, as well as moral and political philosophy. |
| hla harts the concept of law: Reflections on 'The Concept of Law' A. W. Brian Simpson, 2011-09-22 HLA Hart's The Concept of Law is one of the most influential works of philosophy of the twentieth century, redefining the field of legal philosophy and introducing generations of students to philosophical reflection on the nature of law. Since its publication in 1961 an industry of academic research and debate has grown up around the book, disputing, refining, and developing Hart's work. Under the sheer volume of competing interpretations of the book the original contexts - cultural and intellectual - that shaped Hart's project can be obscured. In this book, renowned legal historian AWB Simpson attempts to sweep aside the volumes of academic criticism and return to 'Troy I', revealing the world of post-war Oxford that produced Hart and his famous book. Drawing on his personal experience of studying and teaching in Oxford at the time Hart developed The Concept of Law, Simpson recreates with characteristic wit the social and intellectual culture of Oxford philosophy and the law faculty in the 1950s. He traces Hart's early work and influences, within and outside Oxford, showing how Hart developed his picture of philosophy and its potential for enriching the understanding of law. He also lays bare the painful shortcomings of post-war Oxford academia, depicting a world of eccentric dons and intellectual Cyclopses - isolated and closed to broad, interdisciplinary exchange - arguing that Hart did not escape from the limitations of his intellectual world. Simpson's entertaining, and controversial, account of the world that produced The Concept of Law will be essential reading for all those engaged in interpreting and teaching the seminal book, and an engaging read for anyone interested in the history of Oxford philosophy and legal education. |
| hla harts the concept of law: Law, Liberty, and Morality H. L. A. Hart, Herbert Lionel Adolphus Hart, 1963 This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others. During the last hundred years this doctrine has twice been sharply challenged by two great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share. |
| hla harts the concept of law: The Force of Law Frederick Schauer, 2015-02-10 Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law |
| hla harts the concept of law: Thoughts and Ways of Thinking Benjamin Brown, 2017-08-31 Why do we think differently from one another? Why do religious people adhere to their faith even against reason, whilst atheist thinkers label it “nonsense”? Why do some judges turn more to moral values and others less? Why do we attach different meanings to the same words? These questions can be tackled on psychological or sociological levels, but we can also analyze the subjects on the epistemological level. That is the purpose of this book. Thoughts and Ways of Thinking offers Source Theory as a single explanation for epistemic processes and their religious, legal and linguistic derivatives. The idea is simple: our senses, our understanding, our memory, the testimonies that we trust, and many other objects transmit data to us and so shape our beliefs. In this function they serve as our truth sources. Different beliefs stem from different sources or different hierarchies between same sources. This notion is formalized here through the new tool of Source Calculus, and, after balancing its relativistic consequences by adding pragmatic constraints, it is applied to the philosophies of religion, law and language. With this unified theory, old doubts are framed in new perspectives, and some of them even find their solution. |
| hla harts the concept of law: A Life of H.L.A. Hart Nicola Lacey, 2006 H.L.A. Hart was the pre-eminent legal philosopher of the twentieth century. As a scholar he single-handedly reinvented the philosophy of law and revolutionized our understanding of law as a social institution. Hart's approach to legal philosophy was at once disarmingly simple and breathtakingly ambitious, combining the insights of the Utilitarian tradition and the new linguistic philosophy of J.L. Austin and Ludwig Wittgenstein. He sought to elucidate a concept of law that would be of relevance to all forms of law, wherever or whenever they arose. This book is both an intellectual and a psychological biography, following his life from modest origins as the son of Jewish tailor parents in Yorkshire to worldwide fame as the most influential English-speaking legal theorist of the post-War era. It traces his successive metamorphoses; from Yorkshire schoolboy to Oxford scholar, successful barrister, intelligence officer, philosopher, and, finally, Professor of Jurisprudence at Oxford. Nicola Lacey draws upon Hart's previously unpublished diaries and letters to reveal a complex interior life. Outwardly successful, Hart was in fact tormented by doubts about his intellectual abilities, his sexual identity and his capacity to form close relationships. Her biography also sheds fascinating light on the origins of his ideas, and assesses his overall contribution to the philosophy of law. Above all, it is a chronicle of a life which made an impact far greater than many of us realize. |
| hla harts the concept of law: The Legacy of H.L.A. Hart Matthew H. Kramer, 2008 This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. The book brings together contributions from eighteen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were tackled by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law. |
| hla harts the concept of law: The Cambridge Companion to Legal Positivism Torben Spaak, Patricia Mindus, 2021-02-04 The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism. |
| hla harts the concept of law: The Judicial Decision Richard A. Wasserstrom, 1961 |
| hla harts the concept of law: The Authority of the State Leslie Green, 1988 A study of the nature of authority and the character of the state. It draws on political philosophy, jurisprudence and public choice theory, to explain and evaluate the state's claim to authority over its citizens. |
| hla harts the concept of law: Essays in Jurisprudence and Philosophy H. L. A. Hart, 1983-11-24 This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of social solidarity, and essays on Jhering, Kelsen, Holmes, and Lon Fuller. |
| hla harts the concept of law: In Pursuit of Pluralist Jurisprudence Nicole Roughan, Andrew Halpin, 2017-09-14 This book presents and evaluates theoretical approaches to 'pluralist jurisprudence' and assesses the viability of theorising law extending beyond the state. |
| hla harts the concept of law: Philosophy of Law Raymond Wacks, 2014-02 Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy. |
| hla harts the concept of law: The Morality of Law Lon Luvois Fuller, 2004 |
| hla harts the concept of law: Reflections on 'The Concept of Law' A. W. Brian Simpson, 2011-09-22 HLA Hart developed 'The Concept of Law' while renowned historian AWB Simpson was studying and teaching at Oxford. Simpson wittily recreates the culture of Oxford philosophy in the '50s, providing a new perspective of one of the most famous works of philosophy of the 20th century and casting a satirical eye over the shortcomings of post-war Oxford. |
| hla harts the concept of law: Philosophy and International Law David Lefkowitz, 2020-10-29 Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics. |
| hla harts the concept of law: Post-Liberal Religious Liberty Joel Harrison, 2020-07-09 A radically theological-political account of religious liberty, challenging secularisation narratives and liberal egalitarian arguments. |
| hla harts the concept of law: On the Philosophy of Law David A. Reidy, 2007 Have you ever wondered why laws exist in the first place, and what's the point of punishment? Ever wondered why some actions are punished while others aren't? ON THE PHILOSOPHY OF LAW answers those questions and countless others using easy-to-follow explanations. Inside, you'll read selections that explain the philosophy underneath the law, and how it relates to your life today. Plus, it's got lots of study tools as well, so you can be ready for the test with no worries. |
| hla harts the concept of law: Philosophical Foundations of the Nature of Law Wilfrid J. Waluchow, Stefan Sciaraffa, 2013-03-14 This volume examines power-sharing agreements, their legitimacy and their compatibility with human rights law. Providing a clear, accessible introduction to the political science and human rights law on the issue, the book is an invaluable guide to all those engaged with transitional justice, peace agreements, and human rights. |
| hla harts the concept of law: Law, Morality, and Society Herbert Lionel Adolphus Hart, Peter Michael Stephan Hacker, Joseph Raz, 1979 |
| hla harts the concept of law: Hart's Postscript Jules L. Coleman, 2001-05-31 Published posthumously, the second edition of The Concept of Law contains one important addition to the first edition, a substantial Postscript, in which Hart reflects upon some of the central concerns that have been expressed about the book since its publication in 1961. The Postscript is especially noteworthy because it contains Hart's only sustained response to the objections pressed by his foremost critic, Ronald Dworkin, who succeeded him to the Chair of Jurisprudence at Oxford. The Postscript focuses on a range of issues covering both Hart's substantive view and his methodological commitments. In particular, Hart endorses Inclusive Legal Positivism, asserts that his is a methodology of descriptive jurisprudence which he contrasts with Dworkin's normative jurisprudence or interpretivism, while denying that his theory of law has a semantic underpinning. The essays in this collection address each of these issues in a sustained way. The book contains discussions of Hart's semantic commitments, his rejection of a normative jurisprudence as well as the extent to which he can embrace Inclusive Legal Positivism in a way that is consistent with his other stated positions. The book's contributors include the leading advocates of alternative schools of Positivist jurisprudence, important contributors to the methodogical disputes in jurisprudence and noted experts on the relationship of philosophy of language to jurisprudence. Among the contributors of note are: Joseph Raz, Jules L. Coleman, Stephen Perry , Brian Leiter, Scott Shapiro and Andrei Marmor. |
| hla harts the concept of law: Pure Theory of Law Hans Kelsen, 2005 Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of subjective law (the rights of a person) and objective law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth. |
| hla harts the concept of law: Legal Hermeneutics Gregory Leyh, 2023-09-01 This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1992. |
| hla harts the concept of law: The Hart-Fuller Debate in the Twenty-First Century Peter Cane, 2010-02-16 This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration. |
| hla harts the concept of law: H.L.A. Hart Neil MacCormick, 2008 In this substantially revised second edition, Neil MacCormick delivers a clear and current introduction to the life and works of H.L.A. Hart, noted Professor of Jurisprudence at Oxford University from 1952 to 1968. Hart established a worldwide reputation through his powerful philosophical arguments and writings in favor of liberalizing criminal law and applying humane principles to punishment. This book demonstrates that Hart also made important contributions to analytical jurisprudence, notably by clarifying many terms and concepts used in legal discourse, including the concept of law itself. Taking into account developments since the first edition was published, this book provides a constructively critical account of Hart's legal thought. The work includes Hart's ideas on legal reasoning, judicial discretion, the social sources of law, the theory of legal rules, the sovereignty of individual conscience, the notion of obligation, the concept of a right, and the relationship between morality and the law. MacCormick actively engages with current scholarly interpretations, bringing this accessible account of England's greatest legal philosopher of the twentieth century up-to-date. |
| hla harts the concept of law: Issues in Contemporary Legal Philosophy Ruth Gavison, 1987 Papers from a conference held in Jerusalem in March 1984. |
| hla harts the concept of law: A Matter of Interpretation Antonin Scalia, 2018-01-30 We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—“distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time. |
| hla harts the concept of law: Philosophy of Law Andrei Marmor, 2014-12-21 In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law. |
| hla harts the concept of law: Punishment and Responsibility H. L. A. Hart, 2008-03-06 This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy. |
| hla harts the concept of law: The Jurisprudence of Sport Mitchell N. Berman, Richard D Friedman, 2021-04-26 This textbook, the first of its kind, makes it easy--and fun!--to teach an exciting new course on the jurisprudence of sport. Unlike sports law, which treats sports as objects of regulation by ordinary legal systems, this course treats sports and games as legal systems to be studied in their own right. The book is appropriate not only for law students but also for undergraduates; it offers an introduction to legal thinking but requires no background in legal doctrine. Student-friendly and deeply comparative, the text draws examples from the world's most popular team and individual sports and games (including baseball, football, soccer, tennis, golf, gymnastics, chess, boxing, and esports) and also from less widely known competitions (competitive eating, cornhole, etc.). Chapters are organized in an intuitive sports-focused manner, covering such issues as scoring systems, penalties, league structure, player eligibility and assignment, amateurism, officiating, replay review, and cheating. The jurisprudence of sport is a fast-developing field of academic study. The authors, one of them a leading figure in the field and both professors at top law schools, maintain a high degree of analytical rigor and theoretical sophistication. Icons sprinkled throughout introduce students to fundamental concepts, some law-particular (such as rules vs. standards and prices vs. sanctions) and others from cognate disciplines (such as agency costs, the Coase Theorem, and psychological biases and heuristics). Richly filled with comments, questions, and exercises, the text facilitates a large variety of pedagogical approaches and is suitable for 2- to 4-credit courses. |
| hla harts the concept of law: Evaluation and Legal Theory Julie Dickson, 2001-06-05 If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Razs position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic. |
| hla harts the concept of law: Inclusive Legal Positivism Wilfrid J. Waluchow, 1994 This book develops a general theory of law, inclusive legal positivism, which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented by authors such as Aquinas, Fuller, Finnis, and Dworkin. Its central theoretical questions are: Does the existence or content of positive law ever depend on moral considerations? If so, is this fact consistent with legal positivism? The author shows how inclusive positivism allows one to answer yes to both of these questions. In addition to articulating and defending his own version of legal positivism, which is a refinement and development of the views of H.L.A. Hart as expressed in his classic book The Concept of Law, the author clarifies the terms of current jurisprudential debates about the nature of law. These debates are often clouded by failures to appreciate that different theorists are offering differing kinds of theories and attempting to answer different questions. There is also a failure, principally on the part of Ronald Dworkin, to characterize opposing theories correctly. The clarity of Waluchow's work will help to remove the confusion which has hitherto marred some jurisprudential debate, particularly about Dworkin's work. |
| hla harts the concept of law: Essays on Bentham Herbert Lionel Adolphus Hart, 1982 In his introduction Professor Hart offers both an exposition and a critical assesment of some central issues in jurisprudence and political theory. Essay themes include Bentham's identification of the forms of mistification protecting the law from criticism, his relation to Beccaria and his conversion to democratic radicalism. |
| hla harts the concept of law: Henry the Sixt William Shakespeare, 1903 |
| hla harts the concept of law: Law's Empire Ronald Dworkin, 2011-11 In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community. |
| hla harts the concept of law: Between Authority and Interpretation Joseph Raz, 2009-02-19 In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy. |
THE CONCEPT OF LAW - American University
h law is a member. The most obvious candidate for use in this way in a definition oflaw is the general family of rules qf behaviour; yet the concept of a rule as we have seen is as perplexing …
Professor H. L. A. Hart's 'Concept of Law' - JSTOR
Published in 1961, The Concept of Law is surely. the most important book in the field of analytical jurisprudence to. appear for many years. In this book, Professor Hart for the first. time …
Hart: The Concept of Law - Yale University
REVIEWS. THE CONCEPT OF LAW. By H.L.A. Hart. Oxford: The Clarendon Press, 1961. Pp. x, 263. $3.40. This is a remarkable book with many agreeable features. It is of limited physical …
H. L. A. Hart's 'The Concept of Law': Estimations, Reflections, and …
Personal Memorial. Robert S. Summers. Herbert Lionel Adolphus Hart, the leading figure in twentieth-century Anglo-American jurisprudence, was born in Harrogate, England, on July 18, …
Hla Harts The Concept Of Law (book) - archive.ncarb.org
Hla Harts The Concept Of Law H. L. A. Hart. Hla Harts The Concept Of Law: The Concept of Law Herbert Lionel Adolphus Hart,Leslie Green,2012-10-25 The Concept of Law is one of the most …
Hla Harts The Concept Of Law (Download Only) - archive.ncarb.org
Hla Harts The Concept Of Law: The Concept of Law Herbert Lionel Adolphus Hart,Leslie Green,2012-10-25 The Concept of Law is one of the most influential texts in English language …
The Concept of Law Revisited - JSTOR
THE CONCEPT OF LAW REVISITED Leslie Green* THE CONCEPT OF LAW. Second Edition. By H.L.A. Hart. With a Postscript edited by Penelope A. Bulloch and Joseph Raz. Oxford: …
The Mystery of Law: A Critical Analysis of H.L.A Hart s The Concept of Law
ABSTRACT. STEPHEN GRAY: The Mystery of Law: A Critical Analysis of H.L.A Hart’s The Concept of Law (Under the direction of Dr. William Berry) This thesis explores the role of …
Paper 1: An Analysis of Hart’s Theory of - MIT OpenCourseWare
Paper 1: An Analysis of Hart’s Theory of Primary and Secondary Rules. In his essay, Laws as a Union of Primary and Secondary Rules, Hart criticizes Austin’s theory of laws as commands …
Hla Harts The Concept Of Law - wiki.morris.org.au
Hla Harts The Concept Of Law: The Concept of Law Herbert Lionel Adolphus Hart,Leslie Green,2012-10-25 Fifty years on from its first publication The Concept of Law is still the …
The Concept of Law - JSTOR
1961 of the celebrated The Concept of Law , by H. L. A. Hart, the nail into the coffin of Natural Law.1 1 want to loosen the nail. by criticizing several key concepts employed by Hart in The of …
Cover-HLA Harts rule of law - London School of Economics
The concept of law as a system of rules fits, after all, far better with the impersonal idea of authority embedded in modern democracies than does the sovereign command theory of the …
The Concept of International Law in the Jurisprudence of H.L.A.
The Concept of Law (2nd edn, 1994). A further contribution of Hart to international law, ... Sources of Duty: HLA Hart on Inter-national Law’, 10 . Deakin L Rev (2005) 698; Beckett, ‘The Hartian …
Marquette Law Review - Marquette University
Marquette Law Review. Marquette Law Review. Volume 67 Issue 4 Summer 1984 Article 8 1984. Law and Morality in H.L.A. Hart's Legal Philosophy. William C. Starr. …
H.L.A. Hart's Understanding of Classical Natural Law Theory
3 The thesis of a minimum content of natural law is explained in H.L.A. Hart 'Positivism and the Separation of Law and Morals' (1958) 71 HLR 593, now in his Essays in Jurisprudence and …
Advanced Jurisprudence The Philosophy of HLA Hart - INFLIBNET …
HLA Hart died in 1992.(7.1.2) The Task Before UsHart belongs to the positivist school of jurispruden. e, of which Bentham and Austin are noted members. And yet his contr. butions …
H.L.A. Hart s secondary rules: what do officials really think?
The rules of adjudication lay down which people or institutions settle issues of how the rules in the system apply in specific instances. Those rules, Hart ’s ‘secondary rules ’, form a crucial part …
Hart, Austin, and the Concept of a Legal - JSTOR
System: The Primacy of Sanctions. In 1961, H. L. A. Hart published The Concept of Law, his most extensive and systematic essay in general jurisprudence.1 Hart's book immediately received …
H.L.A. Hart on Justice - Cornell University
interested in his views on justice, since he analyzes 'just' and 'un- just' as these terms are used in appraisals of laws and the ad- ministration of laws. Philosophers, too, should be similarly inter- …
Working Definitions: A Critique of H. L. A. Hart's Use of ... - JSTOR
of Wittgenstein in The Concept of Law Introduction One of the first legal theorists to cite Wittgenstein was H. L. A. Hart in The Concept of Law. Hart, generally considered a liberal …
THE CONCEPT OF LAW - American University
h law is a member. The most obvious candidate for use in this way in a definition oflaw is the general family of rules qf behaviour; yet the concept of a rule as we have seen is as perplexing as that of law itself, so that definitions of law that start by identifying laws as a species of rule usually advance. our understanding.
Professor H. L. A. Hart's 'Concept of Law' - JSTOR
Published in 1961, The Concept of Law is surely. the most important book in the field of analytical jurisprudence to. appear for many years. In this book, Professor Hart for the first. time attempts to state his views on many of the traditional problems. of legal philosophy in a comprehensive and systematic way.
Hart: The Concept of Law - Yale University
REVIEWS. THE CONCEPT OF LAW. By H.L.A. Hart. Oxford: The Clarendon Press, 1961. Pp. x, 263. $3.40. This is a remarkable book with many agreeable features. It is of limited physical dimensions (no book ought to be more than two or three hundred pages in length!). It is written in plain language and in a clear style.
H. L. A. Hart's 'The Concept of Law': Estimations, Reflections, and …
Personal Memorial. Robert S. Summers. Herbert Lionel Adolphus Hart, the leading figure in twentieth-century Anglo-American jurisprudence, was born in Harrogate, England, on July 18, 1907, and died at the age of eighty-five in Oxford on December 19, 1992.1 As. an undergraduate at New College, Oxford, he studied Greek and Latin.
Hla Harts The Concept Of Law (book) - archive.ncarb.org
Hla Harts The Concept Of Law H. L. A. Hart. Hla Harts The Concept Of Law: The Concept of Law Herbert Lionel Adolphus Hart,Leslie Green,2012-10-25 The Concept of Law is one of the most influential texts in English language jurisprudence 50 years after its first publication its relevance has not diminished and in
Hla Harts The Concept Of Law (Download Only) - archive.ncarb.org
Hla Harts The Concept Of Law: The Concept of Law Herbert Lionel Adolphus Hart,Leslie Green,2012-10-25 The Concept of Law is one of the most influential texts in English language jurisprudence 50 years after its first publication its relevance has not diminished and in
The Concept of Law Revisited - JSTOR
THE CONCEPT OF LAW REVISITED Leslie Green* THE CONCEPT OF LAW. Second Edition. By H.L.A. Hart. With a Postscript edited by Penelope A. Bulloch and Joseph Raz. Oxford: Clarendon Press. 1994. Pp. xii, 315. $26. Law is a social construction. It is a historically contingent fea-ture of certain societies, one whose emergence is signaled by the
The Mystery of Law: A Critical Analysis of H.L.A Hart s The Concept of Law
ABSTRACT. STEPHEN GRAY: The Mystery of Law: A Critical Analysis of H.L.A Hart’s The Concept of Law (Under the direction of Dr. William Berry) This thesis explores the role of morality in law through a critical. examination of the work of one of the most widely cited and renowned judicial. scholars, H.L.A. Hart.
Paper 1: An Analysis of Hart’s Theory of - MIT OpenCourseWare
Paper 1: An Analysis of Hart’s Theory of Primary and Secondary Rules. In his essay, Laws as a Union of Primary and Secondary Rules, Hart criticizes Austin’s theory of laws as commands and argues for a new framework which describes laws as rules. Hart, like Austin, is a positivist and wants to separate the descriptive question of what law is ...
Hla Harts The Concept Of Law - wiki.morris.org.au
Hla Harts The Concept Of Law: The Concept of Law Herbert Lionel Adolphus Hart,Leslie Green,2012-10-25 Fifty years on from its first publication The Concept of Law is still the starting point for the study of legal philosophy and is widely heralded as a classic work of modern
The Concept of Law - JSTOR
1961 of the celebrated The Concept of Law , by H. L. A. Hart, the nail into the coffin of Natural Law.1 1 want to loosen the nail. by criticizing several key concepts employed by Hart in The of Law : namely, the concepts of a legal system, legal obligation, authority. My strategy will be to argue that Harťs concept of.
Cover-HLA Harts rule of law - London School of Economics
The concept of law as a system of rules fits, after all, far better with the impersonal idea of authority embedded in modern democracies than does the sovereign command theory of the Nineteenth Century positivists John Austin and Jeremy Bentham. Hart’s theory of law therefore expressed a modern understanding of the ancient ideal of ‘the ...
The Concept of International Law in the Jurisprudence of H.L.A.
The Concept of Law (2nd edn, 1994). A further contribution of Hart to international law, ... Sources of Duty: HLA Hart on Inter-national Law’, 10 . Deakin L Rev (2005) 698; Beckett, ‘The Hartian Tradition in International Law’, 1 . The Journal Jurisprudence (2008) 51. at New York University on February 1, 2011 ejil.oxfordjournals.org ...
Marquette Law Review - Marquette University
Marquette Law Review. Marquette Law Review. Volume 67 Issue 4 Summer 1984 Article 8 1984. Law and Morality in H.L.A. Hart's Legal Philosophy. William C. Starr. william.starr@marquette.edu Follow this and additional works at: https://scholarship.law.marquette.edu/mulr Part of the Law Commons. Repository Citation.
H.L.A. Hart's Understanding of Classical Natural Law Theory
3 The thesis of a minimum content of natural law is explained in H.L.A. Hart 'Positivism and the Separation of Law and Morals' (1958) 71 HLR 593, now in his Essays in Jurisprudence and Philosophy (1983) 49; in H.L.A. Hart, The Concept of Law (1961) 189, and also in Hart, 'Problems of the Philosophy of Law' in P. Edwards (editor in
Advanced Jurisprudence The Philosophy of HLA Hart - INFLIBNET …
HLA Hart died in 1992.(7.1.2) The Task Before UsHart belongs to the positivist school of jurispruden. e, of which Bentham and Austin are noted members. And yet his contr. butions mark a radical departure from the latter. The key to this seeming paradox lies in an insight so simple that it often eludes due comprehension; nam.
H.L.A. Hart s secondary rules: what do officials really think?
The rules of adjudication lay down which people or institutions settle issues of how the rules in the system apply in specific instances. Those rules, Hart ’s ‘secondary rules ’, form a crucial part of Hart’s theory that the way to understand law is as the union of primary and secondary rules.
Hart, Austin, and the Concept of a Legal - JSTOR
System: The Primacy of Sanctions. In 1961, H. L. A. Hart published The Concept of Law, his most extensive and systematic essay in general jurisprudence.1 Hart's book immediately received widespread critical attention.2 Today, The Con- cept of Law is generally regarded as an original and important work. Indeed, this is too cautious a claim: The ...
H.L.A. Hart on Justice - Cornell University
interested in his views on justice, since he analyzes 'just' and 'un- just' as these terms are used in appraisals of laws and the ad- ministration of laws. Philosophers, too, should be similarly inter- ested, inasmuch as Hart is both a philosopher and a lawyer. For Hart, to say that a law is justly administered is to say that it is impartially ...
Working Definitions: A Critique of H. L. A. Hart's Use of ... - JSTOR
of Wittgenstein in The Concept of Law Introduction One of the first legal theorists to cite Wittgenstein was H. L. A. Hart in The Concept of Law. Hart, generally considered a liberal legal positivist, used Wittgenstein's later work to Claim the middle ground in contemporary debates about the nature and func tion of law.
