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hart h. l. a - the concept of law
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The Concept of Law




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Dettagli

Genere:Libro
Lingua: Inglese
Pubblicazione: 04/1997
Edizione: Second Edition





Trama

The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments
have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher Ronald Dworkin who in the 1970s and 80s mounted a
series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers.
In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper
interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's
response leaves Dworkin's criticisms considerably weakened and his positions largely in question.
Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers andphilosophers throughout the world.




Note Editore

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 contains an epilogue written by the author, but discovered only after his death, in which he defends his work against his critics, most notably Dworkin, Fuller, and Finnis. This, then, offers Hart's own final and powerful response to Dworkin in which he re-examines the foundations of the his philosophy of law and illustrates how much of the criticism of his work stems from misunderstanding and confusion of thought.




Sommario

Persistent Questions; Laws, Commands, and Orders; The Variety of Laws; Sovereign and Subject; Law as the Union of Primary and Secondary Rules; The Foundations of a Legal System; Formalism and Rule-Scepticism; Justice and Morality; Laws and Morals; International Law







Altre Informazioni

ISBN:

9780198761235

Condizione: Nuovo
Collana: Clarendon Law Series
Dimensioni: 216x138 mm.
Formato: Paperback
Pagine Arabe: 336


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