Reading HLA Hart's 'the Concept of Law'

ISBN-13: 9781849463249 / Angielski / Miękka / 2013 / 318 str.

D'Almeida, Luís Duarte

Opis

More than 50 years after it was first published, HLA Hart's The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the book proceeds sequentially through all the main ideas in The Concept of Law, with each contributor addressing a single chapter of Hart's book and critically discussing its arguments in light of subsequent developments in the field. Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. This book will be essential reading for all those interested in HLA Hart, as well as all those interested in legal philosophy more generally.

Spis treści

Hart's Readers Luís Duarte d'Almeida, James Edwards and Andrea Dolcetti I. READING THE CONCEPT OF LAW The Generality of Law Timothy Endicott Variety or Uniformity? Richard HS Tur Hart on Sovereignty Pavlos Eleftheriadis Why Law Might Emerge: Hart's Problematic Fable John Gardner The Rule of Recognition and the Foundations of a Legal System Grant Lamond Words and Obligations Nicos Stavropoulos Hart on Justice and Morality John Tasioulas The Morality in Law Leslie Green International Law: 'A Relatively Small and Unimportant' Part of Jurisprudence? Jeremy Waldron II.HART'S 'PERSISTENT QUESTIONS' How Persistent are Hart's 'Persistent Questions'? John Finnis Hart's Anti-Essentialism Frederick Schauer The Model of Ordinary Analysis Pierluigi Chiassoni Do the 'Persistent Questions' Persist?: Revisiting Chapter I in The Concept of Law Nicola Lacey III. AN INTERVIEW WITH HLA HART Introductory Note Juan Ramón de Páramo Answers to Eight Questions HLA Hart