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 106
... existence of a rule of recognition consists , is a complex matter . As we shall see later , there are certainly situations in which questions as to the precise content and scope of this kind of rule , and even as to its existence , may ...
... existence of a rule of recognition consists , is a complex matter . As we shall see later , there are certainly situations in which questions as to the precise content and scope of this kind of rule , and even as to its existence , may ...
Page 116
... existence , as rivals to the factual statement about its existence , made from an external point of view . Except for the apparent puzzle of self - reference the legal status of a provision in an existing system concerning the period ...
... existence , as rivals to the factual statement about its existence , made from an external point of view . Except for the apparent puzzle of self - reference the legal status of a provision in an existing system concerning the period ...
Page 248
... existence and non - existence of a legal system are noticed in the text . Revolution is discussed from the legal point of view in Kelsen , General Theory , pp . 117 et seq . , 219 et seq . , and at length by Cattaneo in Il Concetto di ...
... existence and non - existence of a legal system are noticed in the text . Revolution is discussed from the legal point of view in Kelsen , General Theory , pp . 117 et seq . , 219 et seq . , and at length by Cattaneo in Il Concetto di ...
Contents
PERSISTENT QUESTIONS | 1 |
LAWS COMMANDS AND ORDERS | 18 |
THE VARIETY OF LAWS | 26 |
Copyright | |
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accepted actually apply aspect assertion Austin authority behaviour binding called certain chap Chapter character characteristic claim clear common conception concerned conduct conferring consider consists constitution course courts criteria criticism decision defining definition determinate distinction distinguish doubt duties elements enactment exercise existence expression fact function give given habit human idea identifying important impose individuals interests international law involved issues judges justice kind legal rules legal system legislative legislature limited live matter meaning merely moral municipal nature necessary normal notion obedience obey obligation observed officials orders ordinary Parliament particular person point of view possible predictions present primary principles punishment question reason recognized reference regarded relation rule of recognition sanctions sense simple situation social society sources sovereign specifying standards statement statute theory things thought threats tion true types validity