Essays in Jurisprudence and Philosophy

Essays in Jurisprudence and Philosophy

by H. L. A. Hart

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Overview

This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

Product Details

ISBN-13: 9780198253884
Publisher: Oxford University Press, USA
Publication date: 01/01/1984
Pages: 404
Product dimensions: 5.44(w) x 8.50(h) x 0.85(d)

Table of Contents

Acknowledgementsvii
Introduction1
Part IGeneral Theory19
1Definition and Theory in Jurisprudence (first published 1953)21
2Positivism and the Separation of Law and Morals (first published 1958)49
3Problems of the Philosophy of Law (first published 1967)88
Part IIAmerican Jurisprudence121
4American Jurisprudence through English Eyes: The Nightmare and the Noble Dream (first published 1977)123
51776-1976: Law in the Perspective of Philosophy (first published 1976)145
Part IIIScandinavian Jurisprudence159
6Scandinavian Realism (first published 1959)161
7Self-referring Laws (first published 1964)170
Part IVLiberty, Utility, And Rights179
8Utilitarianism and Natural Rights (first published 1978)181
9Between Utility and Rights (first published 1973)198
10Rawls on Liberty and Its Priority (first published 1973)223
11Social Solidarity and the Enforcement of Morality (first published 1967)248
Part VFour Legal Theorists263
12Jhering's Heaven of Concepts and Modern Analytical Jurisprudence (first published 1970)265
13Diamonds and String: Holmes on the Common Law (first published 1963)278
14Kelsen Visited (first published 1963)286
15Kelsen's Doctrine of the Unity of Law (first published 1968)309
16Lon L. Fuller: The Morality of Law (first published 1965)343
Part VI365
17The House of Lords on Attempting the Impossible (first published 1981)367
Index of Names393
Index of Subjects395

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