Hart's Postscript

Hart's Postscript

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.


Author
Publisher OUP Oxford
Release Date
ISBN 0191018791
Pages 462 pages
Rating 4/5 (94 users)

More Books:

Hart's Postscript
Language: en
Pages: 462
Authors: Jules L. Coleman
Categories: Law
Type: BOOK - Published: 2001-05-31 - Publisher: OUP Oxford

Published posthumously, the second edition of The Concept of Law contains one important addition to the first edition, a substantial Postscript, in which Hart r
Concepts in Law
Language: en
Pages: 129
Authors: Jaap C. Hage
Categories: Philosophy
Type: BOOK - Published: 2009-08-24 - Publisher: Springer Science & Business Media

During the last decades, legal theory has focused almost completely on norms, rules and arguments as the constitutive elements of law. Concepts were mostly negl
Justice in Robes
Language: en
Pages: 328
Authors: Ronald Dworkin
Categories: Law
Type: BOOK - Published: 2006 - Publisher: Harvard University Press

How should a judge’s moral convictions bear on his judgments about what the law is? In Justice in Robes, Ronald Dworkin argues that this question is much more
Law and Politics
Language: en
Pages: 166
Authors: Mauro Zamboni
Categories: Law
Type: BOOK - Published: 2007-10-25 - Publisher: Springer Science & Business Media

This book reconstructs and classifies, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether a
Formalism and the Sources of International Law
Language: en
Pages: 288
Authors: Jean d'Aspremont
Categories: Law
Type: BOOK - Published: 2013-05-23 - Publisher: OUP Oxford

This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyses the virtues of formalism, construed
Epistemic Uncertainty and Legal Theory
Language: en
Pages: 210
Authors: Brian Burge-Hendrix
Categories: Law
Type: BOOK - Published: 2016-12-05 - Publisher: Routledge

Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political right
A Companion to Philosophy of Law and Legal Theory
Language: en
Pages: 704
Authors: Dennis Patterson
Categories: Law
Type: BOOK - Published: 2010-01-15 - Publisher: John Wiley & Sons

The articles in this new edition of A Companion to Philosophy ofLaw and Legal Theory have been updated throughout, and theaddition of ten new articles ensures t
Reading HLA Hart's 'The Concept of Law'
Language: en
Pages: 318
Authors: Luís Duarte d'Almeida
Categories: Law
Type: BOOK - Published: 2014-07-18 - Publisher: A&C Black

More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this v
Social and Legal Norms
Language: en
Pages: 364
Authors: Matthias Baier
Categories: Law
Type: BOOK - Published: 2016-04-01 - Publisher: Routledge

In an era where new areas of life and new problems call for normative solutions while the plurality of values in society challenge the very basis for normative
The Methodology of Legal Theory
Language: en
Pages: 558
Authors: Michael Giudice
Categories: Law
Type: BOOK - Published: 2017-07-05 - Publisher: Routledge

The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Lega