The Concept of LawHart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century. It is a classic book in the field of legal scholarship and remains the starting point for most students coming to the subject for the first time. Known as Hart's most famous work, The Concept of Law emerged from a set of lectures that Hart began to deliver in 1952 in which he developed a sophisticated view of legal positivism. Hart revolutionized the methods of jurisprudence and the philosophy of law in the English-speaking world by bringing the tools of analytic, and especially linguistic, philosophy to bear on the central problems of legal theory. It remains a must-read for anyone interested in the great thinkers of the 20th century. |
From inside the book
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Page 11
... merely predictable reactions to deviations , but something which existence of the rule guides and is held to justify . So we say that we reprove or punish a man because he has broken the rule : and not merely that it was probable that ...
... merely predictable reactions to deviations , but something which existence of the rule guides and is held to justify . So we say that we reprove or punish a man because he has broken the rule : and not merely that it was probable that ...
Page 112
... merely mask vital differences which must be grasped if the minimum conditions involved in the existence of the complex social phenomenon which we call a legal system is to be understood . What makes ' obedience ' misleading as a ...
... merely mask vital differences which must be grasped if the minimum conditions involved in the existence of the complex social phenomenon which we call a legal system is to be understood . What makes ' obedience ' misleading as a ...
Page 137
... merely happens to coincide with it . It is thus that we would distinguish , as a compliance with an accepted rule , the adult chess - player's move from the action of the baby who merely pushed the piece into the right place . This is ...
... merely happens to coincide with it . It is thus that we would distinguish , as a compliance with an accepted rule , the adult chess - player's move from the action of the baby who merely pushed the piece into the right place . This is ...
Contents
PERSISTENT QUESTIONS | 1 |
LAWS COMMANDS AND ORDERS | 18 |
THE VARIETY OF LAWS | 26 |
Copyright | |
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Common terms and phrases
accepted apply assertion Austin authoritative backed by threats binding chap Chapter claim coercive orders conception concerned conduct conform connexion constitution courts criminal law criticism decision deviations distinction distinguish doubt enactment English law existence expression fact Glanville Williams gunman H. L. A. HART habit of obedience habitually obeyed human idea identifying imperative mood important individuals internal point internal statement international law judicial Jurisprudence justice Kelsen law and morals legal limitations Legal Positivism legal rules legal system legal validity legislative power legislature merely moral obligation moral rules municipal law Natural Law norm notion officials open texture orders backed Parliamentary Sovereignty person point of view predictions primary rules principles punishment Queen in Parliament question reason recognized reference rule of recognition rules conferring rules of obligation sanctions secondary rules sense simple society sovereign sovereignty statute supreme theory things tion types ultimate rule Witchcraft Act word