The phenomenon of law
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
IT is ungenerous to pick holes in The Concept of Law. It is a great work. Its clarity is luminous, and its argument sustained and convincing. Hart is eminently successful in rescuing the concept of law from the Legal Realists, the Positivists, and the Formalists, who attempt to straitjacket it within schemata which are too narrow or too vague to give an adequate elucidation of it. But sometimes Hart is not carried along by his arguments as far as he should. He makes too many concessions to his opponents, and his own account of the law is, in consequence, too formalist, in spite of having himself adduced cogent considerations elsewhere for rejecting the purely formalist line of argument. The rule of recognition, although important, is not fundamental. We should, rather, see law as a social phenomenon, to be distinguished from other social phenomena, but intelligible only in a social context, and not-as lawyers are too ready to suppose-an autonomous discipline which can be explained and understood entirely in its own terms.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Mark J. Bennett (2011). Hart and Raz on the Non-Instrumental Moral Value of the Rule of Law: A Reconsideration. [REVIEW] Law and Philosophy 30 (5):603-635.
Frederick Schauer (2010). Was Austin Right After All? On the Role of Sanctions in a Theory of Law. Ratio Juris 23 (1):1-21.
H. L. A. Hart, P. M. S. Hacker & Joseph Raz (eds.) (1977). Law, Morality, and Society: Essays in Honour of H. L. A. Hart. Clarendon Press.
Leslie Green (2008). Positivism And The Inseparability Of Law And Morals. New York University Law Review 83:1035--1058.
Jules L. Coleman (ed.) (2000). Hart's Postscript: Essays on the Postscript to the Concept of Law. Oxford University Press.
Danny Priel (2008). Sanction and Obligation in Hart's Theory of Law. Ratio Juris 21 (3):404-411.
M. Gilbert (1999). Social Rules: Some Problems for Hart's Account, and an Alternative Proposal. [REVIEW] Law and Philosophy 18 (2):141-171.
David-Hillel Ruben (1972). Positive and Natural Law Revisited. Modern Schoolman 49 (May):295-317.
Added to index2009-01-28
Total downloads7 ( #441,109 of 1,911,856 )
Recent downloads (6 months)1 ( #458,984 of 1,911,856 )
How can I increase my downloads?