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The Concept of Law
  • Language: en
  • Pages: 333

The Concept of Law

  • Categories: Law

The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart'sPostscript, with fully updated notes to include modern references and further reading.

Essays in Jurisprudence and Philosophy
  • Language: en
  • Pages: 396

Essays in Jurisprudence and Philosophy

This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

Law, Liberty, and Morality
  • Language: en
  • Pages: 88

Law, Liberty, and Morality

This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share.

The Concept of Law
  • Language: en
  • Pages: 262

The Concept of Law

  • Type: Book
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  • Published: 1961
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  • Publisher: Unknown

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Punishment and Responsibility
  • Language: en
  • Pages: 336

Punishment and Responsibility

  • Categories: Law
  • Type: Book
  • -
  • Published: 2008-03-06
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  • Publisher: OUP Oxford

This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes diff...

Causation in the Law
  • Language: en
  • Pages: 516

Causation in the Law

  • Categories: Law

This new edition of the seminal 1959 work retains the original analysis of commonsense causal concepts, and includes hundreds of new decisions and a substantial preface in which criticisms are met and a rationale propounded for common-sense causal notions as an element in legal responsibility.

Essays in Jurisprudence and Philosophy
  • Language: en
  • Pages: 404

Essays in Jurisprudence and Philosophy

  • Categories: Law
  • Type: Book
  • -
  • Published: 1983-11-24
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  • Publisher: OUP Oxford

This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

CAUSATION IN THE LAW
  • Language: en

CAUSATION IN THE LAW

  • Type: Book
  • -
  • Published: 1959
  • -
  • Publisher: Unknown

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Essays on Bentham
  • Language: en
  • Pages: 272

Essays on Bentham

  • Categories: Law

In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.