Hart's The Concept of Law is without question the most important work of legal philosophy written this century; no other study has made such an important contribution to the study of jurisprudence and legal philosophy. Since it was first published in its elegant language and balanced.
The concept of law. The Postscript to H. Hart's The Concept of Law. Binnen weniger Monate avancierte sein Werk zu den meistdiskutierten moral- und staatsphilosophischen Programmen der neueren Zeit. Pure Theory of Law. A short summary of this paper. He was born in Yorkshire in to second generation Jewish immigrants, he went on to become the most famous legal philosopher of the twentieth century. He then enrolled in New College, Oxford, where he studied under H.
Hart earned his bachelor's degree in and was admitted to the bar in Eight years later Hart returned to Oxford to take up a philosophy fellowship, later to become Professor of Jurisprudence. Hart died on 19th December A Hart single-handedly reinvented the philosophy of law and influenced the nation's thinking in the s on abortion, the legalization of homosexuality, and on capital punishment.
He sought to form a concept of law which would be of relevance to all forms of law, wherever or whenever they arose. The Concept of Law is one of the most noteworthy and original works of legal philosophy written in the twentieth century.
The Concept of Law, dominated British jurisprudence in the final decades of the 20th century. It has been argued that Hart had redefined the domain of jurisprudence and moreover established it as a philosophical inquiry of the "nature" or "concept" of law.
A question which has many answers. Throughout the centuries different scholars have answered this question in different ways. Some definitions were accepted others were ridiculed. It is possible to describe law as the body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behavior of its members.
John Austin's answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience". Natural lawyers, such as Jean-Jacques Rousseau, argue that law reflects essentially moral and unchangeable laws of nature. Hart, set about explaining the concept of law not by way of definition but by striving to clarify the function that legal words perform when used in the progression of a legal system.
Hart argued law is a system of rules, divided into primary rules of conduct and secondary ones rules addressed to officials to administer primary rules. Hart disapproves of the concept of law which was formulated by John Austin. According to Austin, all laws are commands of a sovereign backed up by sanctions.
Hart argued that a legal system is not a compilation of individual laws, but rather a union of primary and secondary rules. Primary rules impose an obligation: what a citizen can or cannot do. Primary rules either forbid or require certain actions and can generate duties or obligations. For a citizen with an internal perspective to the law, the existence of a primary rule will create an obligation for him or her to behave a specific way. Secondary laws define particulars of the primary rules these secondary rules gives power to certain bodies to create, declare or modify laws, and define their powers and procedures.
In common law systems, the secondary rules define the law making powers of the legislatures and confer on the courts the authority to interpret and declare relevant law in particular cases that come before them. The secondary rules may be found in a written constitution or may exist, as in the case of the UK, in the form of custom.
Hart called his theory a version of soft positivism. First, it accepts that law may exist in society as a matter of practice and observance, even if it is not officially declared to be law. Second, it accepts that the legal system may permit a court to apply moral standards in resolving a case before it. This does not mean that morality gains an upper hand over law, but only that the rules of recognition in the legal system hands the court a discrete power to take morality into account in identifying the law or in making new law.
According to Hart no society has the man power to appoint officials to inform every member of that society of the things he was supposed to do and supposed to omit. Therefore it can be said that law is general. This volume will be read by legal scholars, political scientists, and intellectual historians. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Concepts were mostly neglected. The contributions to this volume try to remedy this neglect by elucidating the role concepts play in law from different perspectives.
Bringing a sociological perspective to state law and legal theory, this book uses Weber's work as the foundation for a critical reassessment of Hart's theory of law. This book — which is the result of several years of research, discussion, writing and re-writing — consists of three parts and eight chapters.
This volume collects many of the key essays exploring the possible relationships between the concepts of law and morality, a central concern of contemporary philosophizing about law.
But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. In this substantially revised second edition, Neil MacCormick delivers a clear and current introduction to the life and works of H.
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