Perspectives in Jurisprudence: An Analysis of H. L. A. Hart's Legal Theory

ISBN-13: 9780820439020 / Angielski / Miękka / 1998 / 212 str.

Eric J Boos

Opis

H. L. A. Hart's book, "The Concept of Law," is perhaps the single greatest contribution to the field of legal philosophy in this century. Hart lays the groundwork for the continued progress in the perennial debate between legal positivism and natural law. This book briefly reviews the historic significance of that debate and demonstrates how Hart paves the way for an enlightened analysis of the tenuous relationship between law and morality. It provides a detailed examination of Hart's efforts to establish a legal framework through primary and secondary rules and an ultimate rule of recognition. It focuses specifically on Hart's reliance on the -internal perspective- as a means of establishing the form of obligation necessary for a legal system. It examines Hart's treatment of the relationship between law and morality and Hart's mischaracterization of St. Thomas Aquinas's natural law theory."

O autorze

The Author: Eric J. Boos is Assistant Professor of Philosophy and Religious Studies at Viterbo College in LaCrosse, Wisconsin. He received his M.A. in Applied Philosophy from Bowling Green State University and his Ph.D. from Marquette University. In addition to his work in legal philosophy, he remains active in the Catholic Foreign Missions by teaching once a year at Mwokozi College (Salvatorian Major Seminary), in Morogoro, Tanzania.