Hart's Legal Philosophy: An Examination (Law and Philosophy Library (17))

This work presents, interprets, and largely defends the legal philosophy of H.L.A. Hart, except for his account of causation. Hart is considered by many persons to be the most important English writer on jurisprudence in the 20th century. The book considers his general theory of law, his theory of rights and of the enforcement of morality, and his analysis of the conditions of legal resposibility and the justification of punishment. During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work available to an international audience, but it also encourages increased aware­ ness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowned scholars. Legal philosophy should not be considered a narrowly circumscribed field. Insights into law and legal institutions can come from diverse disciplines on a wide range of topics. Among the relevant disciplines or perspectives contributing to legal philosophy, besides law and philosophy, are anthropol­ ogy, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institu­ tions; legal reasoning and adjudication; epistemological issues of evidence and procedure; law and justice, economics, politics, or morality; legal ethics; and theories of legal fields such as criminal law, contracts, and property. 1. Problems And Definitions. 1.1. Problems. 1.2. Definitions. 1.3. Linguistic Analysis And Normativity -- 2. A Critique Of Austin. 2.1. The Austinian Theory. 2.2. Laws As Commands. 2.3. Concept Of A Sovereign -- 3. Elements Of Law. 3.1. Obligation. 3.2. Internal Vs. External Viewpoints. 3.3. Primary And Secondary Rules -- 4. The Nature Of Rules. 4.1. Existence. 4.2. Open Texture -- 5. Morality And Legality. 5.1. Morality. 5.2. Justice. 5.3. Natural Law. 5.4. Positivism -- 6. Rights. 6.1. Concept. 6.2. Justifications -- 7. Hart Vs. Dworkin. 7.1. Dworkin's Criticisms Of Hart. 7.2. Judicial Discretion. 7.3. Moral Rights And Evil Law -- 8. Legislation Of Morality. 8.1. Mill And The Wolfenden Report. 8.2. Devlin's Challenge. 8.3. Legal Moralism. 8.4. Defense Of Antimoralism -- 9. Mental Conditions Of Criminal Responsibility. 9.1. Human Action. 9.2. Mens Rea. 9.3. Intention And Negligence -- 10. Justification Of Punishment. 10.1. Conceptual Issues. 10.2. The General Aim Of Punishment. 10.3. Mens Rea And Conviction. 10.4. Sentences And Mens Rea -- Works By Hart -- Works Cited Or About Hart. Michael D. Bayles. Includes Bibliographical References (p. 293-312) And Index. Philosophers of law traditionally asked questions of the form 'What is X?'