The Concept Of Law Hla Hart

  the concept of law hla hart: 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.
  the concept of law hla hart: The Concept of Law Herbert Lionel Adolphus Hart, 1986
  the concept of law hla hart: 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.
  the concept of law hla hart: 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.
  the concept of law hla hart: 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
  the concept of law hla hart: 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.
  the concept of law hla hart: 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.
  the concept of law hla hart: The Concept of Law Herbert Lionel Adolphus Hart, 1994
  the concept of law hla hart: The Judicial Decision Richard A. Wasserstrom, 1961
  the concept of law hla hart: 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.
  the concept of law hla hart: 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.
  the concept of law hla hart: 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.
  the concept of law hla hart: 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.
  the concept of law hla hart: The Legacy of H.L.A. Hart Matthew Kramer, Claire Grant, Ben Colburn, Antony Hatzistavrou, 2008-07-31 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 seventeen 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.
  the concept of law hla hart: 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.
  the concept of law hla hart: The Concept of Law from a Transnational Perspective Dr Detlef von Daniels, 2013-02-28 This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jürgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.
  the concept of law hla hart: The Morality of Law Lon Luvois Fuller, 2004
  the concept of law hla hart: 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.
  the concept of law hla hart: 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.
  the concept of law hla hart: 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.
  the concept of law hla hart: 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.
  the concept of law hla hart: Post-Liberal Religious Liberty Joel Harrison, 2020-07-09 A radically theological-political account of religious liberty, challenging secularisation narratives and liberal egalitarian arguments.
  the concept of law hla hart: 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.
  the concept of law hla hart: 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.
  the concept of law hla hart: 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.
  the concept of law hla hart: 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.
  the concept of law hla hart: 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.
  the concept of law hla hart: 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.
  the concept of law hla hart: Allowing for Exceptions Luís Duarte d'Almeida, 2015 Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve.
  the concept of law hla hart: 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.
  the concept of law hla hart: 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.
  the concept of law hla hart: 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.
  the concept of law hla hart: Legal Reasoning and Legal Theory Neil MacCormick, 1994-08-11 What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.
  the concept of law hla hart: Law, Morality, and Society Herbert Lionel Adolphus Hart, Peter Michael Stephan Hacker, Joseph Raz, 1979
  the concept of law hla hart: 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.
  the concept of law hla hart: Issues in Contemporary Legal Philosophy Ruth Gavison, 1987 Papers from a conference held in Jerusalem in March 1984.
  the concept of law hla hart: 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.
  the concept of law hla hart: 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 hla hart: Legal Conventionalism Lorena Ramírez-Ludeña, Josep M. Vilajosana, 2018-12-28 The concept of convention has been used in different fields and from different perspectives to account for important social phenomena, and the legal sphere is no exception. Rather, reflection on whether the legal phenomenon is based on a convention and, if so, what kind of convention is involved, has become a recurring issue in contemporary legal theory. In this book, some of the foremost specialists in the field make significant contributions to this debate. In the first part, the concept of convention is analysed. The second part reflects on whether the rule of recognition postulated by Hart can be understood as a convention and discusses its potential and limitations in order to explain the institutional and normative character of law. Lastly, the third part critically examines the relations between conventionalism and legal interpretation. Given the content and quality of the contributions, the book is of interest to those wanting to understand the current state of the art in legal conventionalism as well as those wanting to deepen their knowledge about these questions.
  the concept of law hla hart: Henry the Sixt William Shakespeare, 1903
The concept of law : Hart, H. L. A. (Herbert Lionel Adolphus), …
21 Nov 2011 · The concept of law by Hart, H. L. A. (Herbert Lionel Adolphus), 1907-1992. Publication date 1972 Topics Jurisprudence, Law Publisher New York : Oxford University …

Prof. H.L.A. Hart's Concept of Law ||Concept of law by Prof. Hart ...
22 Nov 2019 · In The Concept of Law, Prof, H.L.A. Hart cautiously analyses the concept of a social rule. He distinguishes rule-governed behaviour from habitual behaviour, and …

Concept of Law - Law Trove
"The Concept of Law" published on by Oxford University Press. Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of …

The Concept of Law - Wikipedia
The Concept of Law presents Hart's theory of legal positivism—the view that laws are rules made by humans and that there is no inherent or necessary connection between law and …

THE CONCEPT OF LAW - American University
WITHIN a few years of its publication The Concept Of Law transformed the way jurisprudence was understood and stud­ ied in the English-speaking world and beyond.

THE CONCEPT OF LAW. By H. L. A. Hart. Oxford: Oxford
John T. Noonan, THE CONCEPT OF LAW. By H. L. A. Hart. Oxford: Oxford University Press, 1961. Pp. viii, 263. 21s., The American Journal of Jurisprudence, Volume 7, Issue 1, 1962, …

Hart's Concept of Law - Lecture Notes on Hart's law
Hart in the Concept of Law (1961) puts forward an exercise in analytical jurisprudence, to examine law, coercion, and morality as interrelated but albeit distinct social phenomena and to examine …

Professor H. L. A. Hart's 'Concept of Law' - JSTOR
Professor Hart does in The Concept of Law, to illuminate the dis- tinctive structure of law and to elucidate such basic legal concepts as sovereignty, legal validity, and obligation.

The Concept of Law - HLA Hart - Google Books
Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth...

H. L. A. Hart, The Concept of Law - Oxford Academic
10 Dec 2015 · H. L. A. Hart’s The Concept of Law (CL) is, of course, primarily a work of legal philosophy. It is indeed the most influential work of legal philosophy in the English language …

The Concept Of Law Hla Hart [PDF] - oldshop.whitney.org
The Concept Of Law Hla Hart 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 …

Internationalizing and Historicizing Hart’s Theory of Law - CORE
In the Postscript to The Concept of Law, H.L.A. Hart makes two bold claims regarding his theory of law. One claim is a claim to universality, and the other is a claim to timelessness: My aim in …

The Concept of Law - JSTOR
Hart's concept of law. III. There are grounds for some confusion as to just what answer Hart has given to the question 'What is law?' in The Concept of Law, and there are also reasons for …

Professor Maccormick on H. L. A. Harts Legal Theory - JSTOR
Hart has made many important contributions to jurisprudence but is best known for his general theory of law as set forth in The Concept of Law, published in 1961 by the Oxford University …

Microsoft Word - Chapter_1.doc - Yale Law School
“Model of Rules I” with Hart’s Concept of Law, Ch. 7. 7 Compare Dworkin’s “Hard Cases” in Taking Rights Seriously with Hart’s Concept of Law, 128–36; Kent Greenawalt, “Discretion and …

THE CONCEPT OF LAW - GBV
1. Hart's Message xv 2. Law as a Social Construction xvii 3. Law and Power xxvii 4. Law and Morality xxxiii 5. Fact, Value, and Metho d 6. The Point I. PERSISTENT QUESTIONS 1 1. …

HLA Hart and the making of the new natural law theory - UCA
HLA Hart and the Making of the New Natural Law Theory Santiago Legarre* This article considers HLA Hart ’sinfluence in the making of John Finnis ’s book Natural Law and Natural Rights. In …

The Meaning of Law in The Concept of Law
Concept of Law. A brief account of the central elements in Hart’s concept will first be in order. Hart begins The Concept of Law by characterising law as a type of rule which exists within a …

H.L.A. Hart's Minimum Content Theory of Natural Law - JSTOR
of natural law ' Hart understands the debate between natural law and legal positivism to be primarily about the nature of law. What is at issue is whether law ... the critics of natural law …

The Concept Of Law Clarendon Series Hla Hart
The Concept of Law HLA Hart,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 …

Session Hart, selections from The Concept of Law - MIT …
concept of “law as it is” from the concept of “law as it ought to be”: (1) The existence and content of laws is a matter of social fact. (2) There is nothing in the nature of law as a social institution …

A CRITICAL RESPONSE TO H.L.A. HART'S THE - University College …
HLA Hart, 'Positivism and the Separation of Law and Morals' (1958) 71:4 Harvard Law Review 593. Hart distinguishes his separation thesis from those of Bentham and ... Hart, Concept of …

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Features to Look for in an H L A Hart The Concept Of Law User-Friendly Interface 4. Exploring eBook Recommendations from H L A Hart The Concept Of Law Personalized …

M LAW AND HART A BRIEF A - ojs.victoria.ac.nz
Mäori custom and law. 2. Hart would probably have called Mäori customary law a primitive or "pre-legal" system according to the criteria in . The Concept of Law. The warm reception of the …

Vol. 6, no. 2 (2011) - Skemman
HLA Hart, a self-claimed positivist, thus agreed that authority is an element involved in our concept of law. However, the naturalist explanation of authority was denied to him as he …

turn probably based on a constructivist view of language Ludwig
discussion of "open texture". In The Concept of Law,' Hart argued for a position on judicial interpretation halfway between formalism and rule-scepticism.2 H. L. A. Hart's middle position …

THE CONCEPT OF LAW - American University
Law as Coercive Orders 20 III. THE VARIETY OF LAWS 26 I. The Content of Laws 27 2. The Range of Application 42 3· Modes of Origin 44 IV. SOVEREIGN AND SUBJECT so I. The …

The Concept of International Law in the Jurisprudence of H.L.A. Hart
The Shadowy Existence of Hart’s Concept of International Law. H.L.A. Hart’s contribution to analytical jurisprudence is undisputed. ... (1965) 321; Morss, ‘Sources of Doubt, Sources of …

Hart Hla The Concept Of Law - cie-advances.asme.org
Hart Hla The Concept Of Law Hart HLA: The Concept of Law – A Deep Dive into Legal Positivism Have you ever wondered what truly constitutes "law"? Is it simply a set of rules imposed by …

H. L. A. Hart (1907 1992) - Cambridge University Press & Assessment
important social institution. Of his central work, The Concept of Law, Hart said that it is an essay in descriptive sociology. Hart's criticism of the jurisprudential preoccupation with defini-tions, …

H.L.A Hart, THE CONCEPT OF LAW, Ch. 7 - WPMU DEV
Created Date: 9/1/2009 3:13:09 PM

Hart on Legal Powers as Legal Competences - Cambridge …
of this paper, I ponder a few of the junctures where Hart failed to heed the admonitions which he had so deftly leveled against Austin. Keywords: HLA Hart; Legal Positivism; John Austin; Legal …

Advanced Jurisprudence Hart and his Critics - INFLIBNET Centre
against HLA Hart • To understand the responses to the above • To appreciate where positivism stands in contemporary ... the answer lay in how the concept of ‘law’ is to be understood. …

PHL271 Handout 3 - Hart - Dominic Alford-Duguid
HLA Hart was a highly sophisticated philosopher. His defence of legal positivism marked a watershed in 20th Century philosophy of law. Our focus today will be his article ‘Positivism ...

THE CONCEPT OF LAW - مكتبة تحميل الكتب مجانا
2. Law as Coercive Orders 20 III. THE VARIETY OF LAWS 26 I. The Content of Laws 27 2. The Range of Application 42 3· Modes of Origin 44 IV. SOVEREIGN AND SUBJECT so I. The …

Acceptance and Hart's Concept of Law - JSTOR
13 Apr 2010 · its rule, Hart responds in a quite different way, pointing out their failure to account for the internal aspect of law, see chapter VII of HLA Hart, The Concept of Law (2nd edn …

H. L. A. Hart: A Life in the Perspective of Law and Philosophy
' P.M.S. Hacker & J. Raz, eds., Law, Morality and Society Essays in Honour of H.L.A. Hart(Oxford: Clarendon Press, 1977) at v. 6 Supra note 1 at 361. 'Joseph Raz, "Two Views of …

HLA Hart’s General Theory of Law in the French Legal Context: …
2 HLA Hart, The Concept of Law (2nd and 3rd editions, Clarendon Press, Oxford, 1994 and 2012), at 239-240 (emphasis in original). 3 See eg Hart, The Concept of Law, ch X; K Culver …

Hart and Honoré: Causation in the Law - JSTOR
HART AND HONORE: CAUSATION IN THE LAW' JN SPITE of all the work that has been done on the subject of causation 1 there are questions about the concept of cause that have been …

The Concept Of Law Clarendon Series Hla Hart
The Concept Of Law Clarendon Series Hla Hart Luís Duarte d'Almeida,James Edwards,Andrea Dolcetti The Concept of Law HLA Hart,2012-10-25 Fifty years on from its original publication, …

PROFESSOR HART'S CONCEPT OF LAW - Wiley Online Library
Professor Hart begins by noting the paradox that, while there has been sempiternal dispute about the nature of law, at the same 1 The Concept of Law. B H. L. A. Hart, Professor of …

SOURCES OF DOUBT SOURCES OF DUTY HLA HART ON INTERNATIONAL LAW
HLA HART ON INTERNATIONAL LAW JOHN R MORSS* [In many ways HLA Hart’s critical analysis of the concept of law, with its repudiation of simple command theories of legal …

The Meaning of Law in The Concept of Law
Concept of Law. A brief account of the central elements in Hart’s concept will first be in order. Hart begins The Concept of Law by characterising law as a type of rule which exists within a …

SOURCES OF DOUBT SOURCES OF DUTY HLA HART ON INTERNATIONAL LAW
Hart’s own accounts of IL.2 Hart mentions international law on several occasions in the main body of The Concept of Law, as well as devoting a chapter to some (nar-row) aspects of it therein,3 …

The Concept of International Law in the Jurisprudence of H.L.A. Hart
The Concept of International Law in the Jurisprudence of H.L.A. Hart 969. a few preliminary remarks on the relevance of a jurisprudential encounter with inter-national law in general and …

MORALITY, LAW AND CONFLICTING REASONS FOR ACTION
In The Concept of Law, H.L.A. Hart suggested that four formal features of morality distinguish it from law: importance, immunity from deliberate change, the nature of moral offences and the …

The concept of law. A methodological analysis
the content of the Concept of law indicates, revolved around the concept of rules, and the analytical exposition of the internal, and sometimes the external relationships between these …

ON THE OPEN TEXTURE OF LAW Frederick Schauer University of …
In The Concept of Law, H.L.A. Hart famously claimed that the law is open-textured (Hart 1994, 123, 128-36). Hart borrowed the term from his Oxford colleague Friedrich Waismann ... adapt …

Hart Hla The Concept Of Law (book) - 10anos.cdes.gov.br
The Concept of Law Herbert Lionel Adolphus Hart,1986 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 …

Theories of Professors H.L.A. Hart and Ronald Dworkin - A Critique …
H.L.A. HART; THE CONCEPT OF LAW (1961) [hereinafter cited as HART]. Id at 78-79. Id at 78-79. Id at 165. Published by EngagedScholarship@CSU, 1980 1. CLEVELAND STATE LA W …

The Concept Of Law Hla Hart Copy - 10anos.cdes.gov.br
H.L.A. Hart and His The Concept of Law (1961) Abraham Harari,1972 Reflections on 'The Concept of Law' A. W. Brian Simpson,2011-09-22 HLA Hart s The Concept of Law is one of …

ATTITUDE AND THE NORMATIVITY OF LAW - JSTOR
Hart himself is not explicitly concerned with the normativity of law. When he first introduces the internal point of view, in chapter 4 of The Concept of Law, Hart portrays it not as an …

Hart Hla The Concept Of Law (PDF) - content.healthmarkets.com
Hart Hla 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 …

Legal Institutions in Professor H.L.A. Hart's Concept of Law
The Concept of Law in which I had suggested he was unduly reductionist in treating a legal institution such as a trial court mainly in terms of those "constitutive" rules that contribute to its …

Hla Hart The Concept Of Law (PDF) - content.healthmarkets.com
Hla Hart 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 …

M LAW AND HART A BRIEF A - austlii.edu.au
Mäori custom and law. 2. Hart would probably have called Mäori customary law a primitive or "pre-legal" system according to the criteria in . The Concept of Law. The warm reception of the …

NOTES ON JURISPRUDENCE Positivist Theory of Law– H. L. A. Hart: Hart…
actual text of “The Concept of Law” and its critiques, it is first important to understand the platform upon which Hart developed this theory which be-came a hallmark and defining theory of …

The Importance of Social Activism to a Fuller Concept of Law
Clarendon Press 1994) at 78-80 [Hart, The Concept of Law]; Frank Lovett, “Positive Account of the Rule of Law” (2002) 27:1 Law & Soc Inquiry 42 at 52. 5 R Alexy, “On the Concept and the …

Hla Hart The Concept Of Law (book) - wiki.morris.org.au
further reading The Concept of Law Herbert Lionel Adolphus Hart,1986 Reading HLA Hart's 'The Concept of Law' Luís Duarte d'Almeida,James Edwards,Andrea Dolcetti,2014-07-18 More …

The Missing Link in the Hart–Dworkin Debate - JSTOR
Abstract—Commentary by the translator on the publication of HLA Hart, 'The New Challenge to Legal Positivism (1979)' (2016) 36 Oxford Journal of Legal Studies 459. Keywords: Hart …