The concept of law

New York: Oxford University Press (1961)
  Copy   BIBTEX

Abstract

The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,202

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Legal reasoning and legal theory.Neil MacCormick (ed.) - 1978 - New York: Oxford University Press.
The "Hart-Dworkin" debate : a short guide for the perplexed.Scott J. Shapiro - 2007 - In Arthur Ripstein (ed.), Ronald Dworkin. Cambridge University Press. pp. 22--49.
Jurisprudence.J. G. Riddall - 1999 - Dayton, Ohio: LexisNexis.
Hart on Legality, Justice and Morality.John Gardner - 2010 - Jurisprudence 1 (2):253-265.
Between natural law and legal positivism: Dworkin and Hegel on legal theory.Thom Brooks - 2007 - Georgia State University Law Review 23 (3):513-60.

Analytics

Added to PP
2009-01-28

Downloads
656 (#24,364)

6 months
30 (#101,011)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

Metalinguistic Negotiation and Speaker Error.David Plunkett & Tim Sundell - 2021 - Inquiry: An Interdisciplinary Journal of Philosophy 64 (1-2):142-167.
I Ought, Therefore I Can.Peter B. M. Vranas - 2007 - Philosophical Studies 136 (2):167-216.
Inferentialism: Why Rules Matter.Jaroslav Peregrin - 2014 - London and New York: Palgrave-Macmillan.

View all 646 citations / Add more citations

References found in this work

No references found.

Add more references