A Life of H.L.A. Hart

A Life of H.L.A. Hart

Author: Nicola Lacey

Publisher:

Published: 2006

Total Pages: 474

ISBN-13:

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H.L.A. Hart was the pre-eminent legal philosopher of the twentieth century. As a scholar he single-handedly reinvented the philosophy of law and revolutionized our understanding of law as a social institution. Hart's approach to legal philosophy was at once disarmingly simple and breathtakingly ambitious, combining the insights of the Utilitarian tradition and the new linguistic philosophy of J.L. Austin and Ludwig Wittgenstein. He sought to elucidate a concept of law that would be of relevance to all forms of law, wherever or whenever they arose. This book is both an intellectual and a psychological biography, following his life from modest origins as the son of Jewish tailor parents in Yorkshire to worldwide fame as the most influential English-speaking legal theorist of the post-War era. It traces his successive metamorphoses; from Yorkshire schoolboy to Oxford scholar, successful barrister, intelligence officer, philosopher, and, finally, Professor of Jurisprudence at Oxford. Nicola Lacey draws upon Hart's previously unpublished diaries and letters to reveal a complex interior life. Outwardly successful, Hart was in fact tormented by doubts about his intellectual abilities, his sexual identity and his capacity to form close relationships. Her biography also sheds fascinating light on the origins of his ideas, and assesses his overall contribution to the philosophy of law. Above all, it is a chronicle of a life which made an impact far greater than many of us realize.


Punishment and Responsibility

Punishment and Responsibility

Author: H. L. A. Hart

Publisher: OUP Oxford

Published: 2008-03-06

Total Pages: 651

ISBN-13: 0191021776

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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 difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.


Law, Liberty, and Morality

Law, Liberty, and Morality

Author: H. L. A. Hart

Publisher: Stanford University Press

Published: 1963

Total Pages: 100

ISBN-13: 9780804701549

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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 Force of Law

The Force of Law

Author: Frederick Schauer

Publisher: Harvard University Press

Published: 2015-02-10

Total Pages: 256

ISBN-13: 0674368215

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Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law


Taking Rights Seriously

Taking Rights Seriously

Author: Ronald Dworkin

Publisher: A&C Black

Published: 2013-10-21

Total Pages: 457

ISBN-13: 1780938330

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A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.


The Long Arc of Legality

The Long Arc of Legality

Author: David Dyzenhaus

Publisher: Cambridge University Press

Published: 2022-01-27

Total Pages: 491

ISBN-13: 1316518051

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Explores how the central question of philosophy of law is the legal subject's: how can that be law for me?


Frank Ramsey

Frank Ramsey

Author: Cheryl Misak

Publisher: Oxford University Press

Published: 2020-02-13

Total Pages: 537

ISBN-13: 0191074810

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When he died in 1930 aged 26, Frank Ramsey had already invented one branch of mathematics and two branches of economics, laying the foundations for decision theory and game theory. Keynes deferred to him; he was the only philosopher whom Wittgenstein treated as an equal. Had he lived he might have been recognized as the most brilliant thinker of the century. This amiable shambling bear of a man was an ardent socialist, a believer in free love, and an intimate of the Bloomsbury set. For the first time Cheryl Misak tells the full story of his extraordinary life.


Reflections on 'The Concept of Law'

Reflections on 'The Concept of Law'

Author: A. W. Brian Simpson

Publisher: OUP Oxford

Published: 2011-09-22

Total Pages: 884

ISBN-13: 0191018503

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HLA Hart's The Concept of Law is one of the most influential works of philosophy of the twentieth century, redefining the field of legal philosophy and introducing generations of students to philosophical reflection on the nature of law. Since its publication in 1961 an industry of academic research and debate has grown up around the book, disputing, refining, and developing Hart's work. Under the sheer volume of competing interpretations of the book the original contexts - cultural and intellectual - that shaped Hart's project can be obscured. In this book, renowned legal historian AWB Simpson attempts to sweep aside the volumes of academic criticism and return to 'Troy I', revealing the world of post-war Oxford that produced Hart and his famous book. Drawing on his personal experience of studying and teaching in Oxford at the time Hart developed The Concept of Law, Simpson recreates with characteristic wit the social and intellectual culture of Oxford philosophy and the law faculty in the 1950s. He traces Hart's early work and influences, within and outside Oxford, showing how Hart developed his picture of philosophy and its potential for enriching the understanding of law. He also lays bare the painful shortcomings of post-war Oxford academia, depicting a world of eccentric dons and intellectual Cyclopses - isolated and closed to broad, interdisciplinary exchange - arguing that Hart did not escape from the limitations of his intellectual world. Simpson's entertaining, and controversial, account of the world that produced The Concept of Law will be essential reading for all those engaged in interpreting and teaching the seminal book, and an engaging read for anyone interested in the history of Oxford philosophy and legal education.