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Hart's Legal Philosophy : An Examination - Michael D. Bayles

Hart's Legal Philosophy

An Examination

Hardcover

Published: 30th November 1992
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During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work available to an international audience, but it also encourages increased aware­ ness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowned scholars. Legal philosophy should not be considered a narrowly circumscribed field. Insights into law and legal institutions can come from diverse disciplines on a wide range of topics. Among the relevant disciplines or perspectives contributing to legal philosophy, besides law and philosophy, are anthropol­ ogy, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institu­ tions; legal reasoning and adjudication; epistemological issues of evidence and procedure; law and justice, economics, politics, or morality; legal ethics; and theories of legal fields such as criminal law, contracts, and property.

' The book deserves recognition as perhaps the most clever and scholarly account of Hart we shall be likely to see for some time. ' Neil MacCormick

Editorial Preface
Preface
Problems and Definitionsp. 1
Problemsp. 1
Definitionsp. 6
Linguistic Analysis and Normativityp. 15
A Critique of Austinp. 21
The Austinian Theoryp. 21
Laws as Commandsp. 23
Concept of a Sovereignp. 35
Elements of Lawp. 43
Obligationp. 43
Internal vs. External Viewpointsp. 53
Primary and Secondary Rulesp. 57
The Nature of Rulesp. 69
Existencep. 69
Open Texturep. 85
Morality and Legalityp. 101
Moralityp. 101
Justicep. 110
Natural Lawp. 116
Positivismp. 122
Rightsp. 141
Conceptp. 141
Justificationsp. 151
Hart Vs. Dworkinp. 165
Dworkin's Criticisms of Hartp. 166
Judicial Discretionp. 174
Moral Rights and Evil Lawp. 181
Legislation of Moralityp. 191
Mill and the Wolfenden Reportp. 191
Devlin's Challengep. 194
Legal Moralismp. 200
Defense of Antimoralismp. 218
Mental Conditions of Criminal Responsibilityp. 229
Human Actionp. 230
Mens Reap. 239
Intention and Negligencep. 245
Justification of Punishmentp. 253
Conceptual Issuesp. 254
The General Aim of Punishmentp. 261
Mens Rea and Convictionp. 267
Sentences and Mens Reap. 281
Bibliographyp. 293
Abbreviationsp. 293
Works by Hartp. 294
Works Cited or About Hartp. 297
Indexp. 313
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780792319818
ISBN-10: 0792319818
Series: Law and Philosophy Library
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 318
Published: 30th November 1992
Publisher: Springer
Country of Publication: NL
Dimensions (cm): 24.13 x 16.51  x 1.91
Weight (kg): 0.68