Essays In Jurisprudence And Philosophy (1983)

The chapters in this book were written in the twenty-eight years following H. L. A. Hart's inaugural lecture in 1953 as Professor of Jurisprudence at Oxford. Originally published in England, the United States, and elsewhere, in many different journals and books, these chapters cover a wide range of topics. They include Professor Hart's first attempt to demonstrate the relevance of linguistic philosophy to jurisprudence, and his first defence of the form of legal positivism later developed in his Concept of Law; his studies of the distinctive teaching of American and Scandinavian jurisprudence; ... More

The chapters in this book were written in the twenty-eight years following H. L. A. Hart's inaugural lecture in 1953 as Professor of Jurisprudence at Oxford. Originally published in England, the United States, and elsewhere, in many different journals and books, these chapters cover a wide range of topics. They include Professor Hart's first attempt to demonstrate the relevance of linguistic philosophy to jurisprudence, and his first defence of the form of legal positivism later developed in his Concept of Law; his studies of the distinctive teaching of American and Scandinavian jurisprudence; a general survey of the problems of legal philosophy; and an examination of three different attempts to provide a foundation for basic human rights or liberties, and of the notion of ‘social solidarity’ as a justification for the enforcement of conventional morality. Five of the chapters are devoted to the work of Jhering, Kelsen, Holmes, and Lon Fuller. The final chapter brings a philosophical distinction to bear on the solution to a perplexity which has long plagued lawyers, concerning the notion of an attempt to commit a crime. The Introduction gives an account of the main influences on Professor Hart's work; considers the main criticisms of it; and identifies the points where he now considers he was mistaken.

Keywords: American jurisprudence, Scandinavian jurisprudence, legal philosophy, social solidarity, Jhering, Kelsen, Holmes, Lon Fuller

Bibliographic Information

Print publication date: 1983Print ISBN-13: 9780198253884
Published to Oxford Scholarship Online: March 2012DOI:10.1093/acprof:oso/9780198253884.001.0001

The Modern Law Review

Description:

The Modern Law Review is a general, peer-refereed journal that publishes original articles relating to common law jurisdictions and, increasingly, to the law of the European Union. In addition to publishing articles in all branches of the law, the Review contains sections devoted to recent legislation and reports, case analysis, and review articles and book reviews.
Since its foundation over sixty-five years ago, The Modern Law Review has been providing a unique forum for the critical examination of contemporary legal issues and of the law as it functions in society, and today ranks as one of Europe's leading scholarly journals.

Coverage: 1937-2012 (Vol. 1, No. 1 - Vol. 75, No. 6)

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ISSN: 00267961

EISSN: 14682230

Subjects: Law, Political Science, Social Sciences, Law

Collections: Arts & Sciences IV Collection, JSTOR Essential Collection

Categories: 1

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