The Concept of Law

2012-10-25
 |  Law
The Concept of Law

Author: HLA Hart

Publisher: Oxford University Press, USA

ISBN: 9780199644704

Category: Law

Page: 391

View: 737

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Fifty years on from its first publication, The Concept of Law is still the starting point for the study of legal philosophy and is widely heralded as a classic work of modern philosophy. This third edition features a new introduction by Leslie Green, looking at Hart's work from the perspective of modern jurisprudence.

The Concept of Law

1961
 |  Jurisprudence
The Concept of Law

Author: Herbert Lionel Adolphus Hart

Publisher: Oxford University Press, USA

ISBN: UCSC:32106001234340

Category: Jurisprudence

Page: 286

View: 345

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Hart'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.

Reading HLA Hart's 'The Concept of Law'

2013-11-08
 |  Law
Reading HLA Hart's 'The Concept of Law'

Author: Luís Duarte d'Almeida

Publisher: Hart Publishing

ISBN: 1849463247

Category: Law

Page: 318

View: 565

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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

2012-10-25
 |  Law
The Concept of Law

Author: HLA Hart

Publisher: Oxford University Press

ISBN: 9780199644698

Category: Law

Page: 390

View: 341

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Fifty years on from its first publication, The Concept of Law is still the starting point for the study of legal philosophy and is widely heralded as a classic work of modern philosophy. This third edition features a new introduction by Leslie Green, looking at Hart's work from the perspective of modern jurisprudence.

Reflections on 'The Concept of Law'

2011-09-22
 |  Law
Reflections on 'The Concept of Law'

Author: A. W. Brian Simpson

Publisher: Oxford University Press

ISBN: 9780199693320

Category: Law

Page: 233

View: 958

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HLA Hart developed 'The Concept of Law' while renowned historian AWB Simpson was studying and teaching at Oxford. Simpson wittily recreates the culture of Oxford philosophy in the '50s, providing a new perspective of one of the most famous works of philosophy of the 20th century and casting a satirical eye over the shortcomings of post-war Oxford.

Reading HLA Hart's 'The Concept of Law'

2014-07-18
 |  Law
Reading HLA Hart's 'The Concept of Law'

Author: Luís Duarte d'Almeida

Publisher: A&C Black

ISBN: 9781782252160

Category: Law

Page: 318

View: 229

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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.

Rethinking the Concept of Law of Nature

2022-06-13
 |  Science
Rethinking the Concept of Law of Nature

Author: Yemima Ben-Menahem

Publisher: Springer Nature

ISBN: 9783030967758

Category: Science

Page: 381

View: 797

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This book subjects the traditional concept of law of nature to critical examination. There are two kinds of reasons that invite this reexamination, one deriving from philosophical concerns over the traditional concept, the other motivated by theoretical and practical changes in science. One of the philosophical worries is that the idiom of law of nature, especially when combined with the notion of laws 'governing' individual events and processes, is no longer as intelligible as it used to be in the theistic context in which the formulation of laws became central to science. The traditional concept is also challenged in various ways by contemporary scientific theories such as quantum mechanics, chaos theory and the general theory of relativity. It is no longer clear that there are any universal laws, laws do not always guarantee predictability, and the border between physical and mathematical considerations is constantly shifting. The most difficult challenge, perhaps, is to come up with a scientific explanation of the origin of laws. Wrestling with these intriguing problems, the papers in this volume broaden both our understanding of the natural order and our desiderata of scientific explanation.

The Concept of Law from a Transnational Perspective

2016-03-23
 |  Law
The Concept of Law from a Transnational Perspective

Author: Detlef von Daniels

Publisher: Routledge

ISBN: 9781317037538

Category: Law

Page: 257

View: 957

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This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jürgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.

The Concept of Universal Crimes in International Law

2012-08-15
 |  Law
The Concept of Universal Crimes in International Law

Author: Terje Einarsen

Publisher: Torkel Opsahl Academic EPublisher

ISBN: 9788293081333

Category: Law

Page: 361

View: 295

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This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.

The Concept of Liberal Democratic Law

2019-09-12
 |  History
The Concept of Liberal Democratic Law

Author: Johan van Der Walt

Publisher: Routledge

ISBN: 9780429594700

Category: History

Page: 268

View: 474

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This book develops a historical concept of liberal democratic law through readings of the pivotal twentieth century legal theoretical positions articulated in the work of Herbert Hart, Ronald Dworkin, Duncan Kennedy, Rudolf Smend, Hans Kelsen and Carl Schmitt. It assesses the jurisprudential projects and positions of these theorists against the background of a long history of European metaphysics from which the modern concept of liberal democratic law emerged. Two key narratives are central to this history of European political and legal metaphysics. Both concern the historical development of the concept of nomos that emerged in early Greek legal and political thought. The first concerns the history of philosophical reflection on the epistemological and ontological status of legal concepts that runs from Plato to Hobbes (the realist-nominalist debate as it became known later). The second concerns the history of philosophical and political discourses on law, sovereignty and justice that starts with the nomos-physis debate in fifth century Athens and runs through medieval, modern and twentieth century conceptualisations of the relationship between law and power. Methodologically, the reading of the legal theoretical positions of Hart, Dworkin, Kennedy, Smend, Kelsen and Schmitt articulated in this book is presented as a distillation process that extracts the pure elements of liberal democratic law from the metaphysical narratives that not only cradled it, but also smothered and distorted its essential aspirations. Drawing together key insights from across the fields of jurisprudence and philosophy, this book offers an important and original re-articulation of the concept of democratic law.