The Concept of Law / Edition 3

The Concept of Law / Edition 3

by HLA Hart, Leslie Green, Joseph Raz, Penelope A. Bulloch
     
 

ISBN-10: 0199644705

ISBN-13: 9780199644704

Pub. Date: 12/29/2012

Publisher: Oxford University Press, USA

H. L. A. Hart's The Concept of Law is without question the most important work of legal philosophy written this century; no other study has made such an important contribution to the study of jurisprudence and legal philosophy. Since it was first published in 1961 its elegant language and balanced arguments have inspired generations of students to address the wider…  See more details below

Overview

H. L. A. Hart's The Concept of Law is without question the most important work of legal philosophy written this century; no other study has made such an important contribution to the study of jurisprudence and legal philosophy. Since it was first published in 1961 its elegant language and balanced arguments have inspired generations of students to address the wider problems associated with the study of law. In this long awaited new edition Hart presents a postscript in which he re-examines the foundations of his philosophy of law, with special attention to Professor Dworkin's criticism of it. With dispassionate lucidity he shows how much of the criticism stems from misunderstanding and confusion of thought. The postscript provides a clarification and a restatement of the fundamental tenets of his position. This thought-provoking new edition will re-open a wide range of debates and will be welcomed by all those with an interest in legal philosophy and jurisprudence.

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Product Details

ISBN-13:
9780199644704
Publisher:
Oxford University Press, USA
Publication date:
12/29/2012
Edition description:
New Edition
Pages:
380
Sales rank:
284,342
Product dimensions:
5.30(w) x 8.40(h) x 0.90(d)

Related Subjects

Table of Contents

IPersistent Questions1
1Perplexities of Legal Theory1
2Three Recurrent Issues6
3Definition13
IILaws, Commands, and Orders18
1Varieties of Imperatives18
2Law as Coercive Orders20
IIIThe Variety of Laws26
1The Content of Laws27
2The Range of Application42
3Modes of Origin44
IVSovereign and Subject50
1The Habit of Obedience and the Continuity of Law51
2The Persistence of Law61
3Legal Limitations on Legislative Power66
4The Sovereign behind the Legislature71
VLaw as the Union of Primary and Secondary Rules79
1A Fresh Start79
2The Idea of Obligation82
3The Elements of Law91
VIThe Foundations of a Legal System100
1Rule of Recognition and Legal Validity100
2New Questions110
3The Pathology of a Legal System117
VIIFormalism and Rule-Scepticism124
1The Open Texture of Law124
2Varieties of Rule-Scepticism136
3Finality and Infallibility in Judicial Decision141
4Uncertainty in the Rule of Recognition147
VIIIJustice and Morality155
1Principles of Justice157
2Moral and Legal Obligation167
3Moral Ideals and Social Criticism180
IXLaws and Morals185
1Natural Law and Legal Positivism185
2The Minimum Content of Natural Law193
3Legal Validity and Moral Value200
XInternational Law213
1Sources of Doubt213
2Obligations and Sanctions216
3Obligation and the Sovereignty of States220
4International Law and Morality227
5Analogies of Form and Content232
Postscript238
1The Nature of Legal Theory239
2The Nature of Legal Positivism244
3The Nature of Rules254
4Principles and the Rule of Recognition263
5Law and Morality268
6Judicial Discretion272
Notes277
Index309

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