Author Description
Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century, and remains the starting point for most students coming to the subject for the first time. In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central tensions and problems in the work.
Menrva's Summary
THE THESIS
This work investigates the fundamental nature of law by challenging the command theory of legal systems and proposing a framework based on the union of primary and secondary rules. HLA Hart, a prominent legal philosopher, utilizes analytical jurisprudence to deconstruct the relationship between law, coercion, and morality. He argues that a legal system is not merely a set of orders backed by threats, but a complex structure that provides social rules for conduct and adjudication.
THE SCOPE MAP
What You Will Find
- The distinction between primary rules of obligation and secondary rules of recognition, change, and adjudication
- An analysis of the internal and external aspects of legal rules
- A critique of Austinian legal positivism
- The relationship between law and morality
Scope Limits
- Does not provide a comprehensive history of international law
- Does not offer a detailed manual for practical litigation or statutory interpretation
THE AUTHORITY PERSPECTIVE
Experts widely regard this text as the foundational work of twentieth-century legal philosophy and a standard entry point for students. Readers frequently note the academic density of the prose, which requires careful study to fully grasp the nuances of Hart's positivist framework.
Page Count:
390
Publication Date:
2012-01-01
ISBN-10:
0191630071
ISBN-13:
9780191630071
Law
Jurisprudence
Social Philosophy
Professional Career & Trade
Political Philosophy