The legacy of H.L.A. Hart : legal, political, and moral philosophy

## Abstract This book grows out 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 eighteen of the world's foremost legal and political philosophers — Antony Duff, Cécile Fabre, John Finnis, John Gardner, Leslie Green, Brad Hooker, David Lyons, Sir Neil MacCormick, Susan Mendus, Philip Pettit, Gerald Postema, Alan Ryan, Hillel Steiner, Judith Jarvis Thomson, Jeremy Waldron, Wilfrid Waluchow, Leif Wenar, and Richard Wright — who explore the many areas of philosophy in which Hart produced important writings. As the title of the volume suggests, the contributors train their scrutiny more on Hart's legacy than on the man himself. Though most of them discuss his work extensively, each of them is especially concerned to engage in original analyses of philosophical problems that were tackled by Hart. All the main topics of his philosophical writings are covered: (1) general jurisprudence and legal positivism; (2) criminal responsibility and punishment; (3) theories of rights; (4) theories of justice; (5) causation in the law; and (6) toleration and liberty. As was evident from the strikingly cosmopolitan character of the audience at the British Academy Symposium, Hart's legacy is a matter of importance for legal and political and moral philosophers throughout the world. The present volume will stand as a landmark in the exploration of the fascinating philosophical issues on which that legacy is focused. Preface Table of Contents List of Contributors Introduction • Matthew H Kramer and Claire Grant I. LEGAL POSITIVISM AND GENERAL JURISPRUDENCE 1. On Hart’s Ways: Law as Reason and as Fact • John Finnis 2. The Legal Entrenchment of Illegality • David Lyons 3. Conformity, Custom, and Congruence: Rethinking the Efficacy of Law • Gerald J Postema 4. Hart and the Principles of Legality • Jeremy Waldron 5. Legality, Morality, and the Guiding Function of Law • W J Waluchow II. CRIMINAL RESPONSIBILITY AND PUNISHMENT 6. Responsibility and Liability in Criminal Law • R A Duff 7. Hart and Feinberg on Responsibility • John Gardner III. CAUSATION IN THE LAW 8. Some Reflections on Hart and Honoré, Causation in the Law • Judith Jarvis Th omson 9. The Nightmare and the Noble Dream: Hart and Honoré on Causation and Responsibility • Richard W Wright IV. JUSTICE 10. Fairness, Needs, and Desert • Brad Hooker 11. The Basic Liberties • Philip Pettit V. RIGHTS 12. Posthumous Rights • Cécile Fabre 13. Are Th ere Still Any Natural Rights? • Hillel Steiner 14. The Analysis of Rights • Leif Wenar VI. TOLERATION AND LIBERTY 15. On Being Tolerated • Leslie Green 16. Private Faces in Public Places • Susan Mendus 17. Hart and the Liberalism of Fear • Alan Ryan Bibliography of Works Cited Index

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 Eighteen 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.

"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."--Jacket 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 eighteen 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. On Hart's ways : law as reason and as fact / John Finnis The legal entrenchment of illegality / David Lyons Conformity, custom, and congruence : rethinking the efficacy of law / Gerald J. Postema Hart and the principles of legality / Jeremy Waldron Legality, morality, and the guiding function of law / W.J. Waluchow Responsibility and liability in criminal law / R.A. Duff Hart and Feinberg on responsibility / John Gardner Some reflections on Hart and Honore, causation in the law / Judith Jarvis Thomson The nightmare and the noble dream : Hart and Honore on causation and responsibility / Richard W Wright Fairness, needs, and desert / Brad Hooker The basic liberties / Philip Pettit Posthumous rights / Cecile Fabre Are there still any natural rights? / Hillel Steiner The analysis of rights / Leif Wenar On being tolerated / Leslie Green Private faces in public places / Susan Mendus Hart and the liberalism of fear / Alan Ryan. "This text brings together contributions from 18 of the world's foremost legal and political philosophers to examine the lasting influence of H.L.A. Hart. The essays explore the major subjects of Hart's work : general jurisprudence, criminal responsibility, rights, justice, causation and the foundations of liberalism."--Résumé de l'éditeur