Book Description
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 Joseph Raz and Penelope Bulloch of Balliol College, Oxford.
Customer Reviews:
A good start for analytical jurisprudence, but no more.......2003-11-21
Hart takes apart the legal positivism of Austin and acknowledges some validity in natural law theory. But Hart fails to connect the "minimum content of natural law" with his analysis of a "rule of recongition" that allows a legal system to exist.
Hart's critique of Austin's legal positivism is right on and rightly consigns it to the dust bin as a way of explaining all manifestations of the phenomenon of law. Law as a threat backed up by force simply cannot explain contracts, wills, and trusts. The law doesn't just threaten people, it also empowers them. Positivism also fails to acknowledge the "internal" aspect of legal rules as well as failing to give an account of how law is recognized, clarified, and changed. Hart posits a "rule of recongition" to take care of this. Hart acknowledges a "minimum content of natural law" that explains the purpose of law as responding to certain human needs (bodily vulnerability, limited altruism, etc.). This gave rise to the revival of natural law theory in Anglophone jurisprudence in the 20th century. But Hart just kind of sticks the natural law chapter in his book without saying how it connects to the rest of what he says about legal rules and systems. Look at Finnis' Natural Law and Natural Rights for the "extension" of Hart's project.
Obligatory reading........2003-10-05
One of the highest achievements in the history of jurisprudence. Simple to read, complex to thoroughly grasp, written in clear prose but full of ideas. Previous familiarity with Kelsen and Austin should prove helpful to extract the most out of this book. You can follow it by reading Dworkin and Bobbio (sadly unavailable in English - his Teoria della norma giuridica and Teoria dell'ordenamento giuridico are as obligatory as Kelsen and Hart).
Even though it is a work of legal positivism, it contains one of the best analyses of natural law and ethics I have ever read. This is, much more than the elements it's most famous for (the distinction between primary and secondary rules), what makes The Concept of Law shine.
The postscript, also sold separetely at Amazon, is included in this second edition of the book.
a seminal text on legal philosophy and jurisprudence.......1998-04-20
One of the most important books written in the field of jurisprudence and legal philosophy. A must-read for anyone who wants to talk intelligently about the topic. Each of Dr. Hart's chapters has been the springboard for entire areas of discussion since its publication, such as law as a system of rules, the separation of law and morality, etc. After you finish this book, read Prof. Dworkin's critique in "The Model of Rules," 35 Univ.Chi.L.Rev. 14 (1967) (excerpted in "The Philosophy of Law") and Prof. Dworkin's "Taking Rights Seriously" to see how Hart's theories have affect jurisprudential scholarship since the publication of this text in 1961. Again, if one had to select the top thinkers in the field, it's Austin, Hart, and Dworkin.
Inadequacies of Hart's concept of a rule.......1998-02-28
Hart insists that there are many differen kinds of rules - he only 'elucidetes social rules' -but he also accepts that not all legal rules are social rules. What then are they? The foundation of his account of a social rule is an aspect of the form of life (vide Wittgenstein) underlying the use of language - but it is life without the multiplicity of activity at any one time and without conflict.
Average customer rating:
- The Man behind the Initials
- A Massive Void Filled at Last
- Suprisingly, a great read
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A Life of H. L. A. Hart: The Nightmare and the Noble Dream
Nicola Lacey
Manufacturer: Oxford University Press, USA
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Similar Items:
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Justice in Robes
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Hart's Postscript: Essays on the Postscript to The Concept of Law
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Is Democracy Possible Here?: Principles for a New Political Debate
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ASIN: 019920277X |
Book Description
Shortlisted for the 2005 British Academy Book prize, Nicola Lacey's entrancing biography recounts the life of H.L.A. Hart, the pre-eminent legal philosopher of the twentieth century. Following Hart's life from modest origins as the son of Jewish tailor parents in Yorkshire to worldwide fame as the most influential English-speaking legal theorist of the post-War era, the book traces his successive metamorphoses; from Yorkshire schoolboy to Oxford scholar, from government intelligence officer to Professor of Jurisprudence, from awkward batchelor to family figurehead. In the tradition of Ray Monk's biography of Wittgenstein, Nicola Lacey paints an absorbing picture of intellectual and psychological development, of a mind struggling to cope with intellectual self-doubt, uncertain sexuality, a difficult marriage and an anti-semitic society. In depicting the evolution of Hart's life and mind, Lacey provides a vivid recreation of both the intellectual and social climate of Oxford in the post-War era.
Customer Reviews:
The Man behind the Initials.......2005-07-02
I couldn't put this book down. Nicola Lacey is a surprisingly good biographer. "Surprisingly" because Ms. Lacey is not (or was not until now) a professional biographer, but a legal academic.
The book makes you want to dust off "The Concept of Law" again and take up sides in the Hart/Dworkin debate. Because Hart comes across as such a loveable great guy you'll find yourself rooting for him.
On that note, I could have used more legal philosophy, rather than less (as some reviewers suggest), but this is a very minor criticism. I also looked forward to the moment when Ms. Lacey herself would appear on the scene (she knew Hart personally), as she indicated in her preface, but I did not see her.
American readers will be mystified (but only slightly) by Ms. Lacey's not infrequent use of the adjective "shambolic" (may there always be an England!), which if I'm not mistaken means something like it sounds: a bucolic shambles, which is, by the way, not what this book is--it is, rather, an elegantly written biography that is both intellectually and emotionally satisfying.
And note to Oxford Press: put Hart's "Punishment and Responsibility" back in print! It is only one of the four most important books written on criminal law in the last one hundred years! (the other three being: George Fletcher's "Rethinking Criminal Law", R.A. Duff's "Criminal Attempts", and Michael Moore's "Placing Blame: A General Theory of the Criminal Law".)
A Massive Void Filled at Last.......2005-01-13
For far too long there has not been a full-scale biography of H.L.A. Hart, author of "The Concept of Law." That gap has now been eliminated by this superb biography by Nicola Lacey of LSE. And this is a biography, and not an "intellectual biography" (such as Duxbury's masteful book on Frederick Pollock)which focuses primarily upon the subject's writings and theories--although Lacey addresses Hart's jurisprudential concepts within the framework of developing his life. For those who want to use this volume as an introduction to Hart's substantive work, ample references support the incisive discussion within the text. But the focus here is his life. As such, it is helpful to also read his wife Jennifer Hart's autobiography, "Ask Me No More."
Lacey had access to the most private of Hart's papers, his private diaries. While invaluable insights result, one is almost at times uneasy with the most intimate thoughts that Hart expressed in these writings. Lacey shares this concern, and in a "rule of thumb" describes what guidelines she imposed upon herself in the use of this material. This leads naturally to a second fundamental question--do we really need to know about such intimate issues as sexual orientation in the biography of a jurisprudential thinker? Each reader will have to make their own decision--but one really does get an incomparable insight into Hart the person as a result. In my view, it is healthy to be reminded from time to time that major figures such as Hart are people just like the rest of us and don't reside on some intellectual Olympus.
The narrative is crisp and with the exception of an overly long chapter on Hart's wartime service, never ceases to spark interest. The blending of Hart's theoretical contributions within the context of a biography is a challenge that is more than well met. The fact that Lacey personally knew Hart adds an important dimension as well. Also making apperances are a number of fascinating characters, including Hans Kelsen, Julius Stone, Lon Fuller, Ronald Dworkin and a host of Oxford philosophers. In her "Biographer's Note," Lacey explains a number of key issues she confronted in writing Hart's life, which in itself is an important contribution to the literature on biographical writing. Whether one is particularly interested in legal theory or not, this is simply one of the most extraordinary and important biographies to appear in recent years.
Suprisingly, a great read.......2005-01-04
Let me begin by saying that I have no connection at all to the author of this book (I feel such disclaimers are needed on Amazon.com). I picked up this book because, as a law professor, I wanted a bit of biographical background on H.L.A. Hart, perhaps the most important legal philosopher of the 20th century. Hart's writings are dense and hard even for experts to understand -- so I expected his biography to be equally dry. I am very happy to say that this book is virtually a page turner. The Da Vinci code it's not, but it is something more valuable -- a fascinating look at a very, very complex individual.
(...) I found the book particularly engaging because of my interest in legal philosophy, ordinary language philosophy, and Ronald Dworkin. Non-academics might find the author's discussion of these difficult subjects hard to follow and frustrating. However, the author does not obsess about these difficult matters and on the whole handles these technical subjects with grace and a soft touch. I would recommend the book to any person who is interested in the private life of a public philosopher. For those with an interest in legal philosophy and particularly modern positivism, this book is a "must read." Nicola Lacey -- Bravo!
Book Description
This new edition of the seminal 1959 work retains the original analysis of commonsense causal concepts, and includes hundreds of new decisions and a substantial preface in which criticisms are met and a rationale propounded for common-sense causal notions as an element in legal responsibility.
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THE CONCEPT OF LAW.
H.L.A. Hart
Manufacturer: Oxford University Press,
ProductGroup: Book
Binding: Hardcover
ASIN: B000EO7VPO |
Product Description
This is a series of general introductions to different fields of law and jurisprudence designed not only for the law student but for the student of history, philosophy, or the social sciences, as well as for the general reader interested in some aspect of the law. The aim of the series is to provide not a sustitute for legal textbooks but a general perspective of legal ideas and problems which will make their detailed study more rewarding.
Book Description
The new critical edition of the works and correspondence of Jeremy Bentham (1748-1832) is being prepared and published under the supervision of the Bentham Committee of University College London. In spite of his importance as jurist, philosopher, and social scientist, and leader of the Utilitarian reformers, the only previous edition of his works was a poorly edited and incomplete one brought out within a decade or so of his death. Eight volumes of the new Collected Works, five of correspondence, and three of writings on jurisprudence, appeared between 1968 and 1981, published by the Athlone Press. Further volumes in the series since then are published by Oxford University Press. The overall plan and principles of the edition are set out in the General Preface to The Correspondence of Jeremy Bentham, vol. 1, which was the first volume of the Collected Works to be published. An Introduction to the Principles of Morals and Legislation, Jeremy Bentham's best-known work, is a classic text in modern philosophy and jurisprudence. First published in 1789, it contains the important statement of the foundations of utilitarian philosophy and a pioneering study of crime and punishment, both of which remain at the heart of contemporary debates in moral and political philosophy, economics, and legal theory. Printed here in full is the definitive edition, edited by the distinguished scholars J. H. Burns and H. L. A. Hart. An introductory essay by Hart, first published in 1982 and a widely acknowledged classic in its own right, is reprinted here. It contains an important analysis of Bentham's principle of utility, theory of action, and an account of the relationship between law and morality. A new introduction by the leading Bentham scholar F. Rosen, specially written for this Clarendon Paperback edition, provides students with a helpful survey of Bentham's main ideas and an extensive bibliographical study of recent critical work on Bentham. Professor Rosen's essay also contains a new analysis of the principle of utility in Bentham's philosophy which is compared with its use in Hume and J. S. Mill.
Customer Reviews:
utilitarianism.......2007-03-05
this is a readable piece of philosophy, that lays out the basics of his utilitarianism. the book itself is high quality.
An intellectual feast.......2005-12-20
Jeremy Bentham (IPA: ['ben??m]) (February 15, 1748 - June 6, 1832) was an English gentleman, jurist, philosopher, and legal and social reformer. He is best known as an early advocate of utilitarianism and animal rights.
Bentham was one of the most influential (classical) liberals, partially through his writings but particularly through his students all around the world, including John Stuart Mill and several political leaders.
He argued in favor of individual and economic freedom, including the separation of church and state, freedom of expression, equal rights for women, animal rights, the end of slavery, the abolition of physical punishment (also of children), the right to divorce, free trade, and no restrictions on interest. But, he was not a libertarian, and supported inheritance tax, restrictions on monopoly power, pensions, and health insurance.
In 1776, Bentham published his Fragment on Government anonymously, a criticism of Blackstone's Commentaries, and in 1780 his Introduction to Principles of Morals and Legislation was published.
A truly influential author!
It's all downhill from here........1999-09-13
Jeremy Bentham was an important social reformer and a major figure in the history of ethics. However you might not know it from reading this dense and forbidding tract. Even a short excerpt can be tough going. However, utilitarianism has been, and remains, one of the most influential ethical philosophies of all time, and this was among its modern founding documents.
If one can come away from it with a general sense of what utilitarianism is, what act utilitarianism is, and how it gets from egoism in psychology to neutralism in ethics, one has done pretty well. This should help the reader start thinking about what some of the problems with this theory are, how it measures up to its competitors, and how it can be applied to specific problems.
The best news for those who have braved this text is that Mill and other later thinkers will seem like poetry in motion by comparison.
Book Description
Published posthumously, the second edition of The Concept of Law contains one important addition to the first edition, a substantial Postscript, in which Hart reflects upon some of the central concerns that have been expressed about the book since its publication in 1961. The Postscript is especially noteworthy because it contains Hart's only sustained response to the objections pressed by his foremost critic, Ronald Dworkin, who succeeded him to the Chair of Jurisprudence at Oxford. The Postscript focuses on a range of issues covering both Hart's substantive view and his methodological commitments. In particular, Hart endorses Inclusive Legal Positivism, asserts that his is a methodology of descriptive jurisprudence which he contrasts with Dworkin's normative jurisprudence or interpretivism, while denying that his theory of law has a semantic underpinning. The essays in this collection address each of these issues in a sustained way. The book contains discussions of Hart's semantic commitments, his rejection of a normative jurisprudence as well as the extent to which he can embrace Inclusive Legal Positivism in a way that is consistent with his other stated positions. The book's contributors include the leading advocates of alternative schools of Positivist jurisprudence, important contributors to the methodogical disputes in jurisprudence and noted experts on the relationship of philosophy of language to jurisprudence. Among the contributors of note are: Joseph Raz, Jules L. Coleman, Stephen Perry , Brian Leiter, Scott Shapiro and Andrei Marmor.
Average customer rating:
- The Cosmic Mind-Boggling Book
- GREAT CONCEPTUAL COSMOS !
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The Cosmic Mind Boggling Book
Neil McAleer
Manufacturer: Warner Books
ProductGroup: Book
Binding: Paperback
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Cosmology
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ASIN: 0446379328 |
Customer Reviews:
The Cosmic Mind-Boggling Book.......2002-01-26
Contains all the interesting 'Facts & Stats' that I hoped it would. Unavailable in the UK so had to order via Amazon (but everything went OK).
However, DON'T pay any more than [amt] for the paperback - that's the original price from the publishers Warner Books.
[amt] in Canada.
GREAT CONCEPTUAL COSMOS !.......1996-06-17
I AM AN ASTRONOMER AND PLANETARIUM STARSHARER AND THIS BOOK IS THE BEST CONCEPTUAL BOOK ABOUT THE WONDERFILLED COSMOS THAT WE FIND OURSELVES AWARE IN.
DON'T MISS IT IF YOU NEED GREAT, ENJOYABLE MIND PICTURES ABOUT THIS SMALL UNIVERSE !
VIK SUNSTAR
SUNSTAR OBSERVATORY
USA and DENMARK
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