H. L. A. Hart
- Published in print:
- 1982
- Published Online:
- March 2012
- ISBN:
- 9780198254683
- eISBN:
- 9780191681509
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198254683.001.0001
- Subject:
- Law, Philosophy of Law
This book is both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Chapter themes include Bentham's identification of the forms of mystification ...
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This book is both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Chapter themes include Bentham's identification of the forms of mystification protecting the law from criticism, his relation to Beccaria and his conversion to democratic radicalism.Less
This book is both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Chapter themes include Bentham's identification of the forms of mystification protecting the law from criticism, his relation to Beccaria and his conversion to democratic radicalism.
H. L. A. Hart
- Published in print:
- 1983
- Published Online:
- March 2012
- ISBN:
- 9780198253884
- eISBN:
- 9780191681431
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198253884.003.0004
- Subject:
- Law, Philosophy of Law
This chapter discusses the problems of the philosophy of law. It is more important to distinguish certain groups of questions as belonging to the philosophy of law. Three such groups of problems may ...
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This chapter discusses the problems of the philosophy of law. It is more important to distinguish certain groups of questions as belonging to the philosophy of law. Three such groups of problems may be distinguished: problems of definition and analysis, problems of legal reasoning, and problems of the criticism of law. Objections to these are also considered. The theory of social contract focuses on two aspects of the obligation of obedience to law. It is also possible to detach from what is mythical or otherwise objectionable in contract theory certain considerations which show that the obligation to obey the law may be regarded as the obligation of fairness to others, which is independent of and may conflict with utility.Less
This chapter discusses the problems of the philosophy of law. It is more important to distinguish certain groups of questions as belonging to the philosophy of law. Three such groups of problems may be distinguished: problems of definition and analysis, problems of legal reasoning, and problems of the criticism of law. Objections to these are also considered. The theory of social contract focuses on two aspects of the obligation of obedience to law. It is also possible to detach from what is mythical or otherwise objectionable in contract theory certain considerations which show that the obligation to obey the law may be regarded as the obligation of fairness to others, which is independent of and may conflict with utility.
