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Reflections on 'The Concept of Law'

A. W. Brian Simpson

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199693320
eISBN:
9780191731983
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199693320.001.0001
Subject:
Law, Philosophy of Law

HLA Hart's The Concept of Law is one of the most influential works of philosophy of the 20th century, redefining the field of legal philosophy and introducing generations of students to philosophical ... More


The Elusive Sources of Hart’s Ideas in The Concept of Law

AW Brian Simpson

in Reflections on 'The Concept of Law'

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199693320
eISBN:
9780191731983
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199693320.003.0004
Subject:
Law, Philosophy of Law

This chapter attempts to tease out Hart's ideas and their sources, if discoverable, from some of the more important of his publications which preceded the publication of The Concept of Law. It ... More


Where Homer Nodded?

AW Brian Simpson

in Reflections on 'The Concept of Law'

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199693320
eISBN:
9780191731983
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199693320.003.0006
Subject:
Law, Philosophy of Law

This chapter attempts to identify what seem to be defects, for example, omissions and ideas not fully worked out, in The Concept of Law. What are principally of interest are issues which Hart ... More


Law in the Perspective of Philosophy: Causation in the Law, The Concept of Law

Nicola Lacey

in A Life of H.L.A. Hart: The Nightmare and the Noble Dream

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199202775
eISBN:
9780191705953
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199202775.003.0010
Subject:
Law, Legal History

This chapter focuses on the publication of Causation in the Law and The Concept of Law. Causation in the Law represents a thoroughgoing application of the linguistic philosophical analysis to law. It ... More


Judging a Pioneer

AW Brian Simpson

in Reflections on 'The Concept of Law'

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199693320
eISBN:
9780191731983
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199693320.003.0007
Subject:
Law, Philosophy of Law

It is generally agreed that Hart's The Concept of Law ranks as a ‘classic’ contribution to analytical jurisprudence, whatever that is supposed to mean. There have been dissenting voices, but they ... More


The Gladsome Light of Philosophical Jurisprudence

AW Brian Simpson

in Reflections on 'The Concept of Law'

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199693320
eISBN:
9780191731983
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199693320.003.0003
Subject:
Law, Philosophy of Law

This chapter explores the meaning of philosophical jurisprudence. It discusses the publication of The Concept of Law, Hart as analytical jurist and elucidator, the concepts which in Hart's thinking ... More


The Model of Social Facts

Benjamin C. Zipursky

in Hart’s Postscript: Essays on the Postscript to ‘The Concept of Law’

Published in print:
2001
Published Online:
March 2012
ISBN:
9780198299080
eISBN:
9780191685606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299080.003.0007
Subject:
Law, Philosophy of Law

This chapter comments on Ronald Dworkin's criticism on Herbert Hart's model of rules in his The Concept of Law. It argues that despite evidence that Hart adhered to a model of social facts, his ... More


The Apology to the Reader

AW Brian Simpson

in Reflections on 'The Concept of Law'

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199693320
eISBN:
9780191731983
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199693320.003.0001
Subject:
Law, Philosophy of Law

This chapter sets out the focus of the book, namely the author's personal relationship with HLA Hart's The Concept of Law, a book which has fascinated him for some fifty years. The aim of this book ... More


The Provinciality of Jurisprudence Determined

Allan C. Hutchinson

in The Province of Jurisprudence Democratized

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195343250
eISBN:
9780199867752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343250.003.0003
Subject:
Law, Philosophy of Law

This chapter examines the nature and performance of the most favored mode of philosophical inquiry: conceptual analysis. It argues that analytical jurisprudence's practice of conceptual analysis is ... More


Law in Modern Society

Denis Galligan

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199291830
eISBN:
9780191700675
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291830.001.0001
Subject:
Law, Philosophy of Law

This book considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and ... More


On Hart’s Way Out

Scott J. Shapiro

in Hart’s Postscript: Essays on the Postscript to ‘The Concept of Law’

Published in print:
2001
Published Online:
March 2012
ISBN:
9780198299080
eISBN:
9780191685606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299080.003.0005
Subject:
Law, Philosophy of Law

This chapter examines the philosophical project of jurisprudence and the law's claim to legal authority in relation to Herbert Hart's The Concept of Law. It discusses Hart's argument that it was ... More


Two Views of the Nature of the Theory of Law A Partial Comparison

Joseph Raz

in Hart’s Postscript: Essays on the Postscript to ‘The Concept of Law’

Published in print:
2001
Published Online:
March 2012
ISBN:
9780198299080
eISBN:
9780191685606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299080.003.0001
Subject:
Law, Philosophy of Law

This chapter compares philosophers Herbert Hart and Ronald Dworkin's views on the nature of the theory of law. It aims to explain why Dworkin was wrong to think that Hart and others were concerned ... More


Incorporationism, Conventionality, and the Practical Difference Thesis

Jules Coleman

in Hart’s Postscript: Essays on the Postscript to ‘The Concept of Law’

Published in print:
2001
Published Online:
March 2012
ISBN:
9780198299080
eISBN:
9780191685606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299080.003.0004
Subject:
Law, Philosophy of Law

This chapter examines the concepts of incorporationism and conventionalism, and the practical difference thesis in relation to Herbert Hart's The Concept of Law. It contends that in the Postscript, ... More


Legal Conventionalism

Andrei Marmor

in Hart’s Postscript: Essays on the Postscript to ‘The Concept of Law’

Published in print:
2001
Published Online:
March 2012
ISBN:
9780198299080
eISBN:
9780191685606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299080.003.0006
Subject:
Law, Philosophy of Law

This chapter examines the rules of recognition and the autonomy of law in relation to Herbert Hart's The Concept of Law. It argues that these two issues are closely related and that the concept of a ... More


Hart's Conception of Law

in H.L.A. Hart, Second Edition

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804756785
eISBN:
9780804779562
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804756785.003.0003
Subject:
Law, Philosophy of Law

H. L. A. Hart's jurisprudence is detailed in his book, The Concept of Law. This book describes a legal system as a system of social rules that belong to a general class encompassing other types of ... More


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