The Concept of Law (Clarendon Law Series)

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... Preface Editors' Note Preface To The Third Edition Contents Leslie Green - Introduction 1. Hart's Message 2. Law as a Social Construction 3. Law and Power 4 . Law and Morality 5. Fact, Value, and Method 6. The Point PERSISTENT QUESTIONS 1. Perplexities of Legal Theory 2. Three Recurrent Issues 3. Definition LAWS , COMMANDS , AND ORDERS 1. Varieties of Imperatives 2. Law as Coercive Orders THE VARIETY OF LAWS 1. The Content of Laws 2. The Range of Application 3. Modes of Origin SOVEREIGN AND SUBJECT 1. The Habit of Obedience And The Continuity of Law 2. The Persistence of Law 3. Legal Limitations on Legislative Power 4. The Sovereign Behind The Legislature LAW AS THE UNION OF PRIMARY AND SECONDARY RULES 1. A Fresh Start 2. The Idea of Obligation 3. The Elements of Law THE FOUNDATIONS OF A LEGAL SYSTEM 1. Rule of Recognition And Legal Validity 2. New Questions 3. The Pathology of A Legal System FORMALISM AND RULE-SCEPTICISM 1. The Open Texture of Law 2. Varieties of Rule-Scepticism 3. Finality and Infallibility In Judicial Decision 4. Uncertainty In The Rule of Recognition JUSTICE AND MORALI T Y 1. Principles of Justice 2. Moral And Legal Obligation 3. Moral Ideals And Social Criticism LAWS AND MORALS 1. Natural Law And Legal Positivism 2. The Minimum Content of Natural Law 3. Legal Validity And Moral Value INTERNATIONAL LAW 1. Sources of Doubt 2. Obligations And Sanctions 3. Obligation And The Sovereignty of States 4. International Law And Morality 5. Analogies of Form And Content POSTSCRIPT Introductory 1. The Nature of Legal Theory 2. The Nature of Legal Positivism 3. The Nature of Rules 4. Principles And The Rule of Recognition 5. Law And Morality 6. Judicial Discretion Notes Chapter I Chapter II Chapter III Chapter IV Chapter V Chapter VI Chapter VII Chapter VIII Chapter IX Chapter X Leslie Green - Notes To The Third Edition Chapter I Chapter II Chapter III Chapter IV Chapter V Chapter VI Chapter VII Chapter VIII Chapter IX Chapter X Postscript Index

The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area—much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers.

In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question.

Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world.

"...Because it is so well-crafted,... it serves to stimulate sophisticated thought on the nature and function of a legal system."--Michele M. Moody-Adams

"Fifty years on from its original publication, HLA 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. In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central tensions and problems in the work. The Concept of Law remains a must-read for anyone interested in the great thinkers of the 20th century."--Résumé de l'éditeur "Fifty years on from its original publication, HLA 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. In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central tensions and problems in the work. The Concept of Law remains a must-read for anyone interested in the great thinkers of the 20th century."--Publisher's website By H.l.a. Hart ; With A Postscript Edited By Penelope A. Bulloch And Joseph Raz ; And With An Introduction And Notes By Leslie Green. Includes Bibliographical References (pages 277-325) And Index.