About Reading HLA Hart's 'The Concept of Law' 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 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 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. Interesting Quotes: “Very few social changes or laws are agreeable to or advance the welfare of all individuals alike. Only laws which provide for the most elementary needs, such as police protection or roads, come near to this. ![]() The Concept of Law (Clarendon Law Series) eBook: HLA Hart, Joseph Raz, Penelope A. Bulloch, Leslie Green: Amazon.co.uk: Kindle Store. 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. THE CONCEPT OF LAW REVISITED. Leslie Green*. THE CONCEPT OF LAW. Second Edition. Postscript edited by Penelope A. Bulloch and Joseph Raz. Oxford: Clarendon Press. Law is a social construction. It is a historically contingent fea- ture of certain societies, one whose. ![]() In most cases the law provides benefits for one class of the population only at the cost of depriving others of what they prefer. Provision for the poor can be made only out of the goods of others; compulsory school education for all may mean not only loss of liberty for Interesting Quotes: “Very few social changes or laws are agreeable to or advance the welfare of all individuals alike. Only laws which provide for the most elementary needs, such as police protection or roads, come near to this. In most cases the law provides benefits for one class of the population only at the cost of depriving others of what they prefer. Provision for the poor can be made only out of the goods of others; compulsory school education for all may mean not only loss of liberty for those who wish to educate their children privately, but may be financed only at the cost of reducing or sacrificing capital investment in industry or old-age pensions or free medical services. When a choice has been made between such competing alternatives it may be defended as proper on the ground that it was for the ‘public good’ or the ‘common good.’ It is not clear what these phrases mean, since there seems to be no scale by which contributions of the various alternatives to the common good can be measured and the greater identified.” -H.L.A. Hart, the Concept of Law '[S]urvival has still a special status in relation to human conduct and in our thought about it, which parallels the prominence and the necessity ascribed to it in... For it is not merely that an overwhelming majority of men do wish to live, even at the cost of hideous misery, but that this is reflected in whole structures of our thought and language... We could not subtract the general wish to live and leave intact concepts like danger and safety, harm and benefit, need and function, disease and cure; for these are ways of simultaneously describing and appraising things by reference to the contribution they make to survival which is accepted as an aim.' Hart, the Concept of Law. I think this book is an enthralling read, though when I say that to other people they tend to laugh at me. It's, of course, the definitive modern statment of legal positivism. A laser sharp critique of Austinian positivism and an attractive theory of law as positive legal authority constrained by 'rules' which extend beyond individual authorities. Hart's theory makes room for democratic style legislative authorities without falling into either a 'naturalism/moralism' about rules or a 'commands b I think this book is an enthralling read, though when I say that to other people they tend to laugh at me. It's, of course, the definitive modern statment of legal positivism. A laser sharp critique of Austinian positivism and an attractive theory of law as positive legal authority constrained by 'rules' which extend beyond individual authorities. Hart's theory makes room for democratic style legislative authorities without falling into either a 'naturalism/moralism' about rules or a 'commands backed by threats of force' positivism. As seminal as seminal gets. Whether you agree with Hart or not, this book pulled the field of jurisprudence out from the stodgy debate of 'nature law vs. Man's law' and introduced the wonderful insights of analytic and ordinary language philosophy to a generation of legal academics. And most impressively, Hart pretty much nailed this sophisticated form of positivism in one shot. Haven't been many major improvements since. Highly readable prose, unlike most of the stuff you'll find in As seminal as seminal gets. Whether you agree with Hart or not, this book pulled the field of jurisprudence out from the stodgy debate of 'nature law vs. Man's law' and introduced the wonderful insights of analytic and ordinary language philosophy to a generation of legal academics. And most impressively, Hart pretty much nailed this sophisticated form of positivism in one shot. Haven't been many major improvements since. Highly readable prose, unlike most of the stuff you'll find in academia.). I read this book in the last year of my law degree, after I had read all the course books and was busy revising. It didn't actually directly add to my exam preparations (I still passed), as the exams were concerned with the application of the law. But I found it a great way to unwind between sessions of learning case law by rote, and it was strangely therapeutic to read Hart's masterly and magisterial presentation of the very meaning of law. As such it isn't so much a legal textbook as a work of I read this book in the last year of my law degree, after I had read all the course books and was busy revising. It didn't actually directly add to my exam preparations (I still passed), as the exams were concerned with the application of the law. But I found it a great way to unwind between sessions of learning case law by rote, and it was strangely therapeutic to read Hart's masterly and magisterial presentation of the very meaning of law. As such it isn't so much a legal textbook as a work of philosophy, and I would certainly recommend it to anyone who wants quite read, something different that will carry them away to a country lawyer's office. A place where they can indulge in quiet English pursuits as the world passes. Leaving a review on this book is like embarking onto another jurisprudential course. Any succinct summary is open to criticism because of the differences in view. The mutual key that can be agreed upon is that Hart's Concept of Law has changed the course of jurisprudence, steering in a new direction. Providing a fresh new take on jurisprudence. This book, initially was written (generally claimed) for undergraduate students and it serves as a useful guide in identifying the law - c/f what is law? P Leaving a review on this book is like embarking onto another jurisprudential course. Any succinct summary is open to criticism because of the differences in view. The mutual key that can be agreed upon is that Hart's Concept of Law has changed the course of jurisprudence, steering in a new direction. Providing a fresh new take on jurisprudence. This book, initially was written (generally claimed) for undergraduate students and it serves as a useful guide in identifying the law - c/f what is law? Personal favourite topic is the way Hart handles the 'efficacy and validity' issues.
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