The Concept of Law

Fülszöveg

What differentiates laws from orders bactced by threats? What is legal obligation and HoW is it re-lated to moral obligation? What are rules and how far does law consist of rules? What is justice and how does it differ from the rest of morality? In the course of a detailed and independent discussion of these recurrent problems the author identifies a set of elements of central importance for the understanding of law, and makes a fresh start in legal theory. The book contains a new analysis of the notions of legal validity, sovereignty, and the foundation of a legal system; a re-examination of natural law and legal positivism; an original discussion of the limits of formalism in the judicial process; and an assessment of the character of international law. The text is supplemented by detailed bibliographical notes and discussion of contemporary and earlier writers.
H. L. A. Hart is Honorary Fellow of Brasenose and University Colleges, Oxford. He was Professor of Jurisprudence at... Tovább

Fülszöveg

What differentiates laws from orders bactced by threats? What is legal obligation and HoW is it re-lated to moral obligation? What are rules and how far does law consist of rules? What is justice and how does it differ from the rest of morality? In the course of a detailed and independent discussion of these recurrent problems the author identifies a set of elements of central importance for the understanding of law, and makes a fresh start in legal theory. The book contains a new analysis of the notions of legal validity, sovereignty, and the foundation of a legal system; a re-examination of natural law and legal positivism; an original discussion of the limits of formalism in the judicial process; and an assessment of the character of international law. The text is supplemented by detailed bibliographical notes and discussion of contemporary and earlier writers.
H. L. A. Hart is Honorary Fellow of Brasenose and University Colleges, Oxford. He was Professor of Jurisprudence at Oxford until 1968. His other publications include Punishment and Responsibility and Law, Liberty, and Morality.
'A notable contribution both lo philosophy and to social science'. The Listener
'This book must he praised on two counts; il is well done and it is right'. Political Studies
'A strikingly bold and original contribution lo jurisprudential thought'. Juridicial Review
CLARENDON LAW SERIES
General Editors: Tony Honoré and Joseph Raz
This is a series of general introductions to different fields of law and jurisprudence designed not only for the law student but for the student of history, philosophy, or the social sciences, as well as for the general reader interested in some aspect of law. The aim of the series is to provide not a substitute for legal textbooks but a general perspective of legal ideas and problems which will make their detailed study more rewarding. Vissza