Essays in Jurisprudence and Philosophy

Overview


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.
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Overview


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.
Read More Show Less

Editorial Reviews

From the Publisher

"Hart is an impressive scholar: careful and judicious, capable of close textual analysis but never preoccupied with trivialities, alive to constructive possibilities, always insightfully critical. His style is graceful, his manner gracious."--Times Literary Supplement

"No explorer would be so rash as to set out without first reading these essays and indeed the whole opus of the greatest of our modern British philosophers of law."--Times Higher Education Supplement

"This book of essays reaffirms...[Hart's] centrality to modern legal philosophy and will give aid to any reader interested in unraveling the complexities of the law's seamless web."--American Bar Foundation Research Journal

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Product Details

  • ISBN-13: 9780198253884
  • Publisher: Oxford University Press, USA
  • Publication date: 1/28/1984
  • Pages: 404
  • Product dimensions: 5.44 (w) x 8.50 (h) x 0.85 (d)

Table of Contents

Acknowledgements vii
Introduction 1
Part I General Theory 19
1 Definition and Theory in Jurisprudence (first published 1953) 21
2 Positivism and the Separation of Law and Morals (first published 1958) 49
3 Problems of the Philosophy of Law (first published 1967) 88
Part II American Jurisprudence 121
4 American Jurisprudence through English Eyes: The Nightmare and the Noble Dream (first published 1977) 123
5 1776-1976: Law in the Perspective of Philosophy (first published 1976) 145
Part III Scandinavian Jurisprudence 159
6 Scandinavian Realism (first published 1959) 161
7 Self-referring Laws (first published 1964) 170
Part IV Liberty, Utility, And Rights 179
8 Utilitarianism and Natural Rights (first published 1978) 181
9 Between Utility and Rights (first published 1973) 198
10 Rawls on Liberty and Its Priority (first published 1973) 223
11 Social Solidarity and the Enforcement of Morality (first published 1967) 248
Part V Four Legal Theorists 263
12 Jhering's Heaven of Concepts and Modern Analytical Jurisprudence (first published 1970) 265
13 Diamonds and String: Holmes on the Common Law (first published 1963) 278
14 Kelsen Visited (first published 1963) 286
15 Kelsen's Doctrine of the Unity of Law (first published 1968) 309
16 Lon L. Fuller: The Morality of Law (first published 1965) 343
Part VI365
17 The House of Lords on Attempting the Impossible (first published 1981) 367
Index of Names 393
Index of Subjects 395
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