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 6
... sense obligatory , Yet this apparently simple characteristic of law is not in fact a simple one ; for within the sphere of non - optional obligatory conduct we can distinguish different forms . The first , simplest sense in which ...
... sense obligatory , Yet this apparently simple characteristic of law is not in fact a simple one ; for within the sphere of non - optional obligatory conduct we can distinguish different forms . The first , simplest sense in which ...
Page 69
... sense that his authority to legislate is legally unrestricted or in the sense that he is a person who obeys no one else la habitually . Instead we have to show that it was made by a legislator who was qualified to legislate under an ...
... sense that his authority to legislate is legally unrestricted or in the sense that he is a person who obeys no one else la habitually . Instead we have to show that it was made by a legislator who was qualified to legislate under an ...
Page 246
... sense that the courts and officials of the system actually identify the law in accor- dance with the criteria it ... sense ( i.e. ' material ' , ' historical ' ) a source is simply the causal or historical influences which account for ...
... sense that the courts and officials of the system actually identify the law in accor- dance with the criteria it ... sense ( i.e. ' material ' , ' historical ' ) a source is simply the causal or historical influences which account for ...
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