Ebook The Concept of Law (Clarendon Law Series), by H. L. A. Hart
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The Concept of Law (Clarendon Law Series), by H. L. A. Hart
Ebook The Concept of Law (Clarendon Law Series), by H. L. A. Hart
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The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers.
In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question.
Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world.
- Sales Rank: #499690 in Books
- Published on: 1997-06-26
- Original language: English
- Number of items: 1
- Dimensions: 5.50" h x .64" w x 8.50" l, .90 pounds
- Binding: Paperback
- 315 pages
- Law > Perspectives on Law > Jurisprudence
- The Concept of Law
- Clarendon Law Series
Most helpful customer reviews
41 of 46 people found the following review helpful.
a seminal text on legal philosophy and jurisprudence
By ankcorn@earthlink.net
One of the most important books written in the field of jurisprudence and legal philosophy. A must-read for anyone who wants to talk intelligently about the topic. Each of Dr. Hart's chapters has been the springboard for entire areas of discussion since its publication, such as law as a system of rules, the separation of law and morality, etc. After you finish this book, read Prof. Dworkin's critique in "The Model of Rules," 35 Univ.Chi.L.Rev. 14 (1967) (excerpted in "The Philosophy of Law") and Prof. Dworkin's "Taking Rights Seriously" to see how Hart's theories have affect jurisprudential scholarship since the publication of this text in 1961. Again, if one had to select the top thinkers in the field, it's Austin, Hart, and Dworkin.
4 of 4 people found the following review helpful.
Great introduction for the beginner
By Vibhash Sureka
I write this review from the view point of a lay reader generally interested in law, justice and political philosophy.
I found this book very lucid, well organized and comprehensive. Hart presents concept of a law in a descriptive manner as it is generally practiced. He develops the concept with comparing and differentiating it from commands and orders. He then traces its development from simple primitive societies to the complex realities of our times. He proposes that laws are union of,i) rules which govern individual behaviour and: ii) rules for making such rules.
He also discusses relationship of law with morals and cocerns of substantive versus formal justice in a legal system.
The book acknowledges prevalence of various conceptions of law in different societies but does not make any value judgement about them.
This edition contains a post script in which Hart has replied to his critics. I found this portion rather technical and think that it can be safely skipped by a general reader.
I recommend this book to any one interested in understanding cotemporary concept of law and legal system.
19 of 27 people found the following review helpful.
A good start for analytical jurisprudence, but no more
By Felix Sonderkammer
Hart takes apart the legal positivism of Austin and acknowledges some validity in natural law theory. But Hart fails to connect the "minimum content of natural law" with his analysis of a "rule of recongition" that allows a legal system to exist.
Hart's critique of Austin's legal positivism is right on and rightly consigns it to the dust bin as a way of explaining all manifestations of the phenomenon of law. Law as a threat backed up by force simply cannot explain contracts, wills, and trusts. The law doesn't just threaten people, it also empowers them. Positivism also fails to acknowledge the "internal" aspect of legal rules as well as failing to give an account of how law is recognized, clarified, and changed. Hart posits a "rule of recongition" to take care of this. Hart acknowledges a "minimum content of natural law" that explains the purpose of law as responding to certain human needs (bodily vulnerability, limited altruism, etc.). This gave rise to the revival of natural law theory in Anglophone jurisprudence in the 20th century. But Hart just kind of sticks the natural law chapter in his book without saying how it connects to the rest of what he says about legal rules and systems. Look at Finnis' Natural Law and Natural Rights for the "extension" of Hart's project.
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