Author: H L A Hart
Foreword/Introduction: Leslie Green
Publisher: Oxford University Press
ISBN/UPC (if available): 0-19-872999-5
This volume is probably the most important work of legal philosophy produced during the twentieth century. Elegantly written and argued, it has provoked worldwide debate and commentary since its publication in 1961.
The book furthers our understanding of law, coercion, and morality as different but related phenomena. Hart analyses the concept of law and in the process discusses such important topics as the foundations of the legal system, law as the union of primary and secondary rules, the sovereign and the subject, the distinction between the notions of law, justice, and morality, the rule of recognition, and international law.
The book has extensive notes on the theoretical work of other jurists including references to Austin’s imperative theory, Kelson’s basic norm theory, and Fuller’s natural law theory.
The second edition is of particular value as it combines Hart’s original text with a postscript, in which he responds to the critique of his work by such notable scholars as Dworkin, fuller, and Finnis. Written by him, but discovered after his death, this edition has been edited by Joseph Raz and Penelope Bulloch of Balliol College, Oxford.
The postscript along with detailed notes and extensive references, make this edition an indispensable resource for scholars and students of law, philosophy, political theory, and all sections of the legal fraternity.
II.LAWS, COMMANDS, AND ORDERS
III.THE VARIETY OF LAWS
IV.SOVEREIGN AND SUBJECT
V.LAW AS THE UNION OF PRIMARY AND SECONDARY RULES
VI.THE FOUNDATIONS OF A LEGAL SYSTEM
VII.FORMALISM AND RULE-SCEPTICISM
VIII.JUSTICE AND MORALITY
IX.LAWS AND MORALS
1.The Nature of Legal Theory
2.The Nature of Legal Positivism
(i)Positivism as a Semantic Theory
(ii)Positivism as an Interpretive Theory
3.The Nature of Rules
(i)The Practice Theory of Rules
(ii)Rules and Principles
4.Principles and the Rule of Recognition
Pedigree and Interpretation
5.Law and Morality
(i) Rights and Duties
(ii) The Identification of the Law