The Concept of Law,9780198761235

The Concept of Law

by ; ;
Edition: 2nd
ISBN13: 9780198761235
ISBN10: 0198761236
Format: Paperback
Pub. Date: 1997-06-26
Publisher(s): Oxford University Press
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Summary

H L A Hart's The Concept of Law is the classic text for the study of jurisprudence and legal philosophy and is probably the most important work of legal philosophy written this century. This second edition is particularly valuable as it combines Hart's original text with a postscript, in which he responds to criticisms of his theory levelled by such notable scholars as Dworkin, Fuller and Finnis. Written by him but only discovered after his death, it has been ably edited by JosephRaz and Penelope Bulloch of Balliol College, Oxford.

Author Biography


H.L.A. Hart was formerly Professor of Jurisprudence at Oxford University, Principal of Brasenose College, and Fellow of University College.
Joseph Raz and Penelope Bulloch are both Professors at Balliol College, Oxford.

Table of Contents

I. PERSISTENT QUESTIONS
1(17)
1. Perplexities of Legal Theory
1(5)
2. Three Recurrent Issues
6(7)
3. Definition
13(5)
II. LAWS, COMMANDS, AND ORDERS
18(8)
1. Varieties of Imperatives
18(2)
2. Law as Coercive Orders
20(6)
III. THE VARIETY OF LAWS
26(24)
1. The Content of Laws
27(15)
2. The Range of Application
42(2)
3. Modes of Origin
44(6)
IV. SOVEREIGN AND SUBJECT
50(29)
1. The Habit of Obedience and the Continuity of Law
51(10)
2. The Persistence of Law
61(5)
3. Legal Limitations on Legislative Power
66(5)
4. The Sovereign behind the Legislature
71(8)
V. LAW AS THE UNION OF PRIMARY AND SECONDARY RULES
79(21)
1. A Fresh Start
79(3)
2. The Idea of Obligation
82(9)
3. The Elements of Law
91(9)
VI. THE FOUNDATIONS OF A LEGAL SYSTEM
100(24)
1. Rule of Recognition and Legal Validity
100(10)
2. New Questions
110(7)
3. The Pathology of a Legal System
117(7)
VII. FORMALISM AND RULE-SCEPTICISM
124(31)
1. The Open Texture of Law
124(12)
2. Varieties of Rule-Scepticism
136(5)
3. Finality and Infallibility in Judicial Decision
141(6)
4. Uncertainty in the Rule of Recognition
147(8)
VIII. JUSTICE AND MORALITY
155(30)
1. Principles of Justice
157(10)
2. Moral and Legal Obligation
167(13)
3. Moral Ideals and Social Criticism
180(5)
IX. LAWS AND MORALS
185(28)
1. Natural Law and Legal Positivism
185(8)
2. The Minimum Content of Natural Law
193(7)
3. Legal Validity and Moral Value
200(13)
X. INTERNATIONAL LAW
213(25)
1. Sources of Doubt
213(3)
2. Obligations and Sanctions
216(4)
3. Obligation and the Sovereignty of States
220(7)
4. International Law and Morality
227(5)
5. Analogies of Form and Content
232(6)
Postscript 238(1)
Introductory 238(39)
1. The Nature of Legal Theory 239(5)
2. The Nature of Legal Positivism 244(10)
(i) Positivism as a Semantic Theory 244(4)
(ii) Positivism as an Interpretive Theory 248(2)
(iii) Soft Positivism 250(4)
3. The Nature of Rules 254(9)
(i) The Practice Theory of Rules 254(5)
(ii) Rules and Principles 259(4)
4. Principles and the Rule of Recognition 263(5)
Pedigree and Interpretation 263(5)
5. Law and Morality 268(4)
(i) Rights and Duties 268(1)
(ii) The Identification of the Law 269(3)
6. Judicial Discretion 272(5)
Notes 277(32)
Index 309

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