Essays in Jurisprudence and Philosophy

by H. L. A. Hart

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.

Product Details

ISBN-13:	9780198253884
Publisher:	Oxford University Press
Publication date:	01/19/1984
Pages:	404
Product dimensions:	8.58(w) x 5.52(h) x 0.95(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

Editorial Reviews

"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

From the Publisher