The Concept of Law

H.L.A. (Herbert) Hart (1907-1992)was the son of a Jewish tailor of Polish and German descent. He was educated at Bradford Grammar School and New College Oxford, where he obtained a brilliant first class in Classical Greats. He practised at the Chancery Bar from 1932 to 1940 along with Richard (later Lord) Wilberforce. During the war, being unfit for active service, he worked in MI5. During this time his interests returned to philosophy and in 1945 he was appointed philosophy tutor at New College. He was strongly influenced by the linguistic philosophy then current in Oxford, but employed its techniques more constructively than did most members of the movement. In 1952, given his chancery background, he was persuaded by J.L. Austin to be a candidate for the Oxford chair of Jurisprudence when Professor Arthur Goodhart resigned. He was elected and held the chair until 1969.From 1952 on he delivered the undergraduate lectures that turned into The Concept of Law (1961, posthumous second edition 1994). He also lectured on right and duties, but these lectures were never published. He held seminars with Tony Honoré on causation, leading to their joint work Causation in the Law (1959, second edition 1985). His visit to Harvard in 1956-7 led to his Holmes lecture on 'Positivism and the Separation of Law and Morals' (1958) and a famous controversy with Lon Fuller. Returning to the UK he engaged in an equally famous debate with Patrick (later Lord) Devlin on the limits within which the criminal law should try to enforce morality. Hart published two books on the subject, Law, Liberty and Morality (1963) and The Morality of the Criminal Law (1965). A wider interest in criminal law, stimulated by Rupert (later Professor Sir Rupert) Cross was signalled by his 'Prolegomenon to the Principles of Punishment' (1959). Nine of his essays on the criminal law were collected in Punishment and Responsibility (1968). In 1968 he was asked by Oxford University to chair a commission on relations with junior members, then at a low ebb, and produced a notably perceptive and constructive report.Feeling that his powers were waning Hart resigned his chair in 1969, to be succeeded by Ronald Dworkin, a severe critic of his legal philosophy. He now devoted himself mainly to the study of Bentham, whom, along with Kelsen, he regarded as the most important legal philosopher of modern times. Ten of his essays were collected in Essays on Bentham (1982). From 1973 to 1978 he was Principal of Brasenose College. In his last years he was much concerned to find a convincing reply to Dworkin's criticisms of his version of legal positivism. A sketch of Hart's reply is to be found in the postscript to the second edition of The Concept of Law.Hart's main aim as a lecturer and writer was to tell the truth and be clear. He was the most widely read British legal philosopher of the twentieth century and his work will continue to be a focus of discussion.

出版者:Oxford University Press

作者:H. L. A. Hart

页数:315

出版时间:1997-6-26

价格:USD 65.00

装帧:Paperback

isbn号码:9780198761235

图书标签:法学法律Hart法理学哈特法律实证主义法律的概念law

H L A Hart's The Concept of Law is the classic text for the study of jurisprudence and legal philosophy and is probably the most important work of legal philosophy written this century. This second edition is particularly valuable as it combines Hart's original text with a postscript, in which he responds to criticisms of his theory levelled by such notable scholars as Dworkin, Fuller and Finnis. Written by him but only discovered after his death, it has been ably edited by Joseph Raz and Penelope Bulloch of Balliol College, Oxford.

读后感

平装 450 Pages ISBN-10: 957667607X ISBN-13: 9789576676079 出版社: 商周文化事業股份有限公司 出版日期: Aug 01, 2000  

哈特《法律的概念》的框架和内容简介 　　　 　　　哈特的《法律的概念》一书内容上十分丰富，他从反驳奥斯丁的“法律命令说”着手，分别从内容、适用范围、起源模式这三个方面，分析了法律与以威胁为后盾的命令的不同。在此基础上，哈特提出了他著名的“法律规则说”，即把法...  

【motive在哈特三步走里的地位】fear/morality/self-interest等各种动机→→determination to obey守法的内在面向→→behavior of obedience守法的外在面向。奥斯特OBBT模型错误地将动机限缩为仅fear一种。 承认规则是法体系基础 The case for calling the rule of recognition...  

用户评价

还需要仔细消化消化。

之前读过法律出版社两位台湾学者的译作，读完原版后还是发现了不少翻译中存在的问题。Zum Beispiel, 两位台湾前辈将Primary Rule和Secondary Rule分别翻译为初级规则和次级规则，相对于原生规则和次生规则的翻译，后者更加符合Pro. Hart的原意。

This is the BEST BOOK that I have read in my life so far. It's a life-changing experience.

This is the BEST BOOK that I have read in my life so far. It's a life-changing experience.

This is the BEST BOOK that I have read in my life so far. It's a life-changing experience.