The Concept of Law

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H.L.A. (Herbert) Hart (1907-1992)

was the son of a Jewish tailor of Polish and German descent. He was educated at Bradford Grammar School and New College Oxford, where he obtained a brilliant first class in Classical Greats. He practised at the Chancery Bar from 1932 to 1940 along with Richard (later Lord) Wilberforce. During the war, being unfit for active service, he worked in MI5. During this time his interests returned to philosophy and in 1945 he was appointed philosophy tutor at New College. He was strongly influenced by the linguistic philosophy then current in Oxford, but employed its techniques more constructively than did most members of the movement. In 1952, given his chancery background, he was persuaded by J.L. Austin to be a candidate for the Oxford chair of Jurisprudence when Professor Arthur Goodhart resigned. He was elected and held the chair until 1969.

From 1952 on he delivered the undergraduate lectures that turned into The Concept of Law (1961, posthumous second edition 1994). He also lectured on right and duties, but these lectures were never published. He held seminars with Tony Honoré on causation, leading to their joint work Causation in the Law (1959, second edition 1985). His visit to Harvard in 1956-7 led to his Holmes lecture on 'Positivism and the Separation of Law and Morals' (1958) and a famous controversy with Lon Fuller. Returning to the UK he engaged in an equally famous debate with Patrick (later Lord) Devlin on the limits within which the criminal law should try to enforce morality. Hart published two books on the subject, Law, Liberty and Morality (1963) and The Morality of the Criminal Law (1965). A wider interest in criminal law, stimulated by Rupert (later Professor Sir Rupert) Cross was signalled by his 'Prolegomenon to the Principles of Punishment' (1959). Nine of his essays on the criminal law were collected in Punishment and Responsibility (1968). In 1968 he was asked by Oxford University to chair a commission on relations with junior members, then at a low ebb, and produced a notably perceptive and constructive report.

Feeling that his powers were waning Hart resigned his chair in 1969, to be succeeded by Ronald Dworkin, a severe critic of his legal philosophy. He now devoted himself mainly to the study of Bentham, whom, along with Kelsen, he regarded as the most important legal philosopher of modern times. Ten of his essays were collected in Essays on Bentham (1982). From 1973 to 1978 he was Principal of Brasenose College. In his last years he was much concerned to find a convincing reply to Dworkin's criticisms of his version of legal positivism. A sketch of Hart's reply is to be found in the postscript to the second edition of The Concept of Law.

Hart's main aim as a lecturer and writer was to tell the truth and be clear. He was the most widely read British legal philosopher of the twentieth century and his work will continue to be a focus of discussion.

出版者:Oxford University Press
作者:H. L. A. Hart
出品人:
页数:315
译者:
出版时间:1997-6-26
价格:USD 65.00
装帧:Paperback
isbn号码:9780198761235
丛书系列:
图书标签:
  • 法学 
  • 法律 
  • Hart 
  • 法理学 
  • 哈特 
  • 法律实证主义 
  • 法律的概念 
  • law 
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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 is particularly valuable as it combines Hart's original text with a postscript, in which he responds to criticisms of his theory levelled by such notable scholars as Dworkin, Fuller and Finnis. Written by him but only discovered after his death, it has been ably edited by Joseph Raz and Penelope Bulloch of Balliol College, Oxford.

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「法理思维与名著导读(四):哈特《法律的概念》导读」 陈景辉 中国政法大学法理学研究所副教授 本文以下引用的页码皆以英文版 H.L.AHart,TheConceptofLaw,Oxford:ClarendonPress,2nd.ed.(1994). 中译本请见,许家馨、李冠宜译,法律的概念,2000年。本文以下所引用的页码以英...  

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【motive在哈特三步走里的地位】fear/morality/self-interest等各种动机→→determination to obey守法的内在面向→→behavior of obedience守法的外在面向。奥斯特OBBT模型错误地将动机限缩为仅fear一种。 承认规则是法体系基础 The case for calling the rule of recognition...  

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分析法学是现代性的产物,它一面摆脱神学,一面攻城略地,建立起逻辑自洽的体系,拼命朝科学靠拢。它谢绝了一切超验的外在权威,把立足点放在了社会事实本身。现代世界诸神隐退,冲突在不同价值预设的群体中产生。当社会中的人们以自己的利益诉求为对象进入社会,排除分...  

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中午拿到《法律的概念》第三版中译本,花了点时间校读了Leslie Green写的导言。译文总体上在准确性、流畅性和简洁性上做的都很棒,但美中不足,有一些瑕疵暂列如下。 1. 原文斜体的部分在中译本中并未被标示出来。斜体一般是作者想要特别强调以引起读者注意的一种写作方式,比...  

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法律是什么或者说法律的本质是什么,对每一个法律人或者有志成为法律人来说都是一个回避不了的终极命题。刚入手哈特的《法律的概念》,无可辩驳的一本好书,轻翻几页,震撼良多。 给一个命题下定义无外乎两种方式,一种是扩散性解释,将该命题放入其种属,用宽泛性的词语描述其...  

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之前读过法律出版社两位台湾学者的译作,读完原版后还是发现了不少翻译中存在的问题。Zum Beispiel, 两位台湾前辈将Primary Rule和Secondary Rule分别翻译为初级规则和次级规则,相对于原生规则和次生规则的翻译,后者更加符合Pro. Hart的原意。

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英文还是有点弱啊……有时还要对照中译本…惭愧

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英文还是有点弱啊……有时还要对照中译本…惭愧

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英文还是有点弱啊……有时还要对照中译本…惭愧

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常读常新,还是原版好

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