The Legacy of H.L.A. Hart

The Legacy of H.L.A. Hart

Author: Matthew Kramer

Publisher: OUP Oxford

ISBN: 9780191562273

Category: Law

Page: 376

View: 714

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This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were tackled by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law.

The Legacy of H.L.A. Hart: Legal, Political and Moral Philosophy

The Legacy of H.L.A. Hart: Legal, Political and Moral Philosophy

Author: Matthew Kramer

Publisher: OUP Oxford

ISBN: 9780191609237

Category: Law

Page: 372

View: 773

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This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were tackled by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law.

The Hart-Fuller Debate in the Twenty-First Century

The Hart-Fuller Debate in the Twenty-First Century

Author: Peter Cane

Publisher: Bloomsbury Publishing

ISBN: 9781847315656

Category: Law

Page: 360

View: 387

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This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration.

Meta-theory of Law

Meta-theory of Law

Author: Mathieu Carpentier

Publisher: John Wiley & Sons

ISBN: 9781789450743

Category: Philosophy

Page: 388

View: 829

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This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.

Reflections on 'The Concept of Law'

Reflections on 'The Concept of Law'

Author: A. W. Brian Simpson

Publisher: OUP Oxford

ISBN: 9780191018503

Category: Law

Page: 232

View: 127

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HLA Hart's The Concept of Law is one of the most influential works of philosophy of the twentieth century, redefining the field of legal philosophy and introducing generations of students to philosophical reflection on the nature of law. Since its publication in 1961 an industry of academic research and debate has grown up around the book, disputing, refining, and developing Hart's work. Under the sheer volume of competing interpretations of the book the original contexts - cultural and intellectual - that shaped Hart's project can be obscured. In this book, renowned legal historian AWB Simpson attempts to sweep aside the volumes of academic criticism and return to 'Troy I', revealing the world of post-war Oxford that produced Hart and his famous book. Drawing on his personal experience of studying and teaching in Oxford at the time Hart developed The Concept of Law, Simpson recreates with characteristic wit the social and intellectual culture of Oxford philosophy and the law faculty in the 1950s. He traces Hart's early work and influences, within and outside Oxford, showing how Hart developed his picture of philosophy and its potential for enriching the understanding of law. He also lays bare the painful shortcomings of post-war Oxford academia, depicting a world of eccentric dons and intellectual Cyclopses - isolated and closed to broad, interdisciplinary exchange - arguing that Hart did not escape from the limitations of his intellectual world. Simpson's entertaining, and controversial, account of the world that produced The Concept of Law will be essential reading for all those engaged in interpreting and teaching the seminal book, and an engaging read for anyone interested in the history of Oxford philosophy and legal education.

Human Dignity and the Foundations of International Law

Human Dignity and the Foundations of International Law

Author: Patrick Capps

Publisher: Bloomsbury Publishing

ISBN: 9781847318060

Category: Law

Page: 306

View: 156

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International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law. In responding to these issues, the author argues that public international law seeks to establish and institutionalise a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A state, in turn, must be understood as ultimately deriving legitimacy from the pursuit of the human dignity of the community it governs, as well as the dignity of those human beings and states affected by its actions in international relations. This argument is in line with a long and now resurgent Kantian tradition in legal and political philosophy. The book shows how this approach is reflected in accepted paradigm cases of international law, such as the United Nations Charter. It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms, including our understanding of the sources of international law, international legal personality and the design of global institutions.

The Legacy of John Austin's Jurisprudence

The Legacy of John Austin's Jurisprudence

Author: Michael Freeman

Publisher: Springer Science & Business Media

ISBN: 9789400748309

Category: Law

Page: 318

View: 575

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This is the first ever collected volume on John Austin, whose role in the founding of analytical jurisprudence is unquestionable. After 150 years, time has come to assess his legacy. The book fills a void in existing literature, by letting top scholars with diverse outlooks flesh out and discuss Austin’s legacy today. A nuanced, vibrant, and richly diverse picture of both his legal and ethical theories emerges, making a case for a renewal of interest in his work. The book applies multiple perspectives, reflecting Austin’s various interests – stretching from moral theory to theory of law and state, from Roman Law to Constitutional Law – and it offers a comparative outlook on Austin and his legacy in the light of the contemporary debate and major movements within legal theory. It sheds new light on some central issues of practical reasoning: the relation between law and morals, the nature of legal systems, the function of effectiveness, the value-free character of legal theory, the connection between normative and factual inquiries in the law, the role of power, the character of obedience and the notion of duty.​

Elucidating Law

Elucidating Law

Author: Julie Dickson

Publisher: Oxford University Press

ISBN: 9780191043574

Category: Law

Page: 184

View: 785

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What are the aims of legal philosophy? Which questions should it seek to address? How should legal philosophers approach and engage with their subject-matter, and what constraints are incumbent on them as they do so? What are the criteria of success of theories of law, and how do we know if they have been met? Can there be progress in legal philosophy? In Elucidating Law, Julie Dickson addresses these and other questions concerning the methodology, or the philosophy, of legal philosophy and offers her own distinctive response to them. The book advocates that legal philosophers should espouse an approach that Dickson terms 'Indirectly Evaluative Legal Philosophy.' This distinctive approach can facilitate legal philosophers' understanding of aspects of the nature of law, whilst avoiding prematurely or inappropriately regarding law as inherently morally valuable. Law is a powerful, systemic, and institutionalized social tool. It should be understood in a manner appropriate to its character.

The Bloomsbury Encyclopedia of Utilitarianism

The Bloomsbury Encyclopedia of Utilitarianism

Author: James E. Crimmins

Publisher: Bloomsbury Publishing

ISBN: 9781350021686

Category: Philosophy

Page: 608

View: 623

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The idea of utility as a value, goal or principle in political, moral and economic life has a long and rich history. Now available in paperback, The Bloomsbury Encyclopedia of Utilitarianism captures the complex history and the multi-faceted character of utilitarianism, making it the first work of its kind to bring together all the various aspects of the tradition for comparative study. With more than 200 entries on the authors and texts recognised as having built the tradition of utilitarian thinking, it covers issues and critics that have arisen at every stage. There are entries on Plato, Epicurus, and Confucius and progenitors of the theory like John Gay and David Hume, together with political economists, legal scholars, historians and commentators. Cross-referenced throughout, each entry consists of an explanation of the topic, a bibliography of works and suggestions for further reading. Providing fresh juxtapositions of issues and arguments in utilitarian studies and written by a team of respected scholars, The Bloomsbury Encyclopedia of Utilitarianism is an authoritative and valuable resource.

Objectivity in Law and Legal Reasoning

Objectivity in Law and Legal Reasoning

Author: Jaakko Husa

Publisher: Bloomsbury Publishing

ISBN: 9781782250685

Category: Law

Page: 278

View: 625

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Legal theorists consider their discipline as an objective endeavour in line with other fields of science. Objectivity in science is generally regarded as a fundamental condition, informing how science should be practised and how truths may be found. Objective scientists venture to uncover empirical truths about the world and ought to eliminate personal biases, prior commitments and emotional involvement. However, legal theorists are inevitably bound up with a given legal culture. Consequently, their scholarly work derives at least in part from this environment and their subtle interaction with it. This book questions critically, in novel ways and from various perspectives, the possibilities of objectivity of legal theory in the twenty-first century. It transpires that legal theory is unavoidably confronted with varying conceptions of law, underlying ideologies, approaches to legal method, argumentation and discourse etc, which limit the possibilities of 'objectivity' in law and in legal reasoning. The authors of this book reveal some of these underlying notions and discuss their consequences for legal theory.

The Concept of Law

The Concept of Law

Author: HLA Hart

Publisher: Oxford University Press

ISBN: 9780199644698

Category: Law

Page: 390

View: 188

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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.

Oxford Studies in Philosophy of Law: Volume 2

Oxford Studies in Philosophy of Law: Volume 2

Author: Leslie Green

Publisher: Oxford University Press

ISBN: 9780199679829

Category: Law

Page: 316

View: 576

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Oxford Studies in the Philosophy of Law is an annual forum for new philosophical work on law. The essays range widely over general jurisprudence (the nature of law, adjudication, and legal reasoning), philosophical foundations of specific areas of law (from criminal to international law), and other philosophical topics relating to legal theory.