Herbert Lionel Adolphus Hart was born in Yorkshire in 1907 to second generation Jewish immigrants. Having won a scholarship to Oxford University, he went on to become the most famous legal philosopher of the twentieth century. From 1932-40 H.L.A Hart practised as a barrister in London. He was pronounced physically unfit for military service in 1940, and was recruited by MI5, where he worked until 1945. During his time at the Bar he had continued to study philosophy and (...) at M15 his interest was further stimulated by his philosopher colleagues in M16, Stuart Hampshire and Gilbert Ryle. After the war, Hart returned to Oxford to take up a philosophy fellowship, later to become Professor of Jurisprudence. H.L.A Hart single-handedly reinvented the philosophy of law and influenced the nation's thinking in the 1960s on abortion, the legalization of homosexuality, and on capital punishment. Hart's approach to legal philosophy was at once disarmingly simple and breathtakingly ambitious, combining as it did the insights of Austin and Bentham and the new linguistic philosophy of J.L. Austin and Ludwig Wittgenstein. He sought to elucidate a concept of law which would be of relevance to all forms of law, wherever or whenever they arose: his bestselling book, The Concept of Law, has sold tens of thousands of copies worldwide. In 1941, he married Jenifer Williams (a high-ranking civil servant, later an Oxford academic) with whom he had four children. Their relationship was an enduring if unconventional one. In the early 1950s, Jenifer was rumoured to be having a long-standing affair with Isaiah Berlin, one of Hart's closest friends. She was also, falsely, accused by the Sunday Times of having been a Russian spy, an allegation which was all the more scandalous given Hart's position at MI5 during the War. Nicola Lacey draws on Hart's previously unpublished diaries and letters to reveal a complex inner life. Outwardly successful, Hart was in fact tormented by doubts about his intellectual abilities, his sexual identity and his capacity to form close relationships. Her biography also sheds fascinating light on the origins of his ideas, and assesses his overall contribution. Above all, it chronicles of a life which had a depth ands impact far greater than many of Hart's readers have realized. (shrink)

To generations of lawyers, H. L. A. Hart is known as the twentieth century's greatest legal philosopher. Whilst his scholarship revolutionized the study of law, as a social commentator he gave intellectual impetus to the liberalizing of society in the 1960s. But behind his public success, Hart struggled with demons. His Jewish background, ambivalent sexuality, and unconventional marriage all fuelled his psychological complexity; allegations of espionage, though immediately quashed, nearly destroyed him. Nicola Lacey s biography explores the (...) forces that shaped an extraordinary life. (shrink)

Shortlisted for the 2005 British Academy Book prize, Nicola Lacey's entrancing biography recounts the life of H.L.A. Hart, the pre-eminent legal philosopher of the twentieth century. Following Hart's life from modest origins as the son of Jewish tailor parents in Yorkshire to worldwide fame as the most influential English-speaking legal theorist of the post-War era, the book traces his successive metamorphoses; from Yorkshire schoolboy to Oxford scholar, from government intelligence officer to Professor of Jurisprudence, from awkward batchelor (...) to family figurehead. In the tradition of Ray Monk's biography of Wittgenstein, Nicola Lacey paints an absorbing picture of intellectual and psychological development, of a mind struggling to cope with intellectual self-doubt, uncertain sexuality, a difficult marriage and an anti-semitic society. In depicting the evolution of Hart's life and mind, Lacey provides a vivid recreation of both the intellectual and social climate of Oxford in the post-War era. (shrink)

In this brief introduction, I shall rather reflect, from a biographer’s viewpoint, on the significance of Discretion for our understanding of the trajectory of Hart’s ideas and on the significance of his year at Harvard. I shall then move on to consider the intriguing question of why Hart did not subsequently publish or build on some of the key insights in the paper itself. Here I highlight the fact that, almost uniquely in Hart’s work, Discretion features a (...) notable emphasis on the significance of institutional factors in our understanding of the nature of legal decisionmaking; and I argue that Hart’s failure fully to develop this insight in the essay, or to build on it in his subsequent work, derives from the fact that such a development would have necessitated a diversion from the philosophical issues that were his core intellectual concern, and moreover would have presented certain dangers to his conception of legal positivism. I shall conclude by considering what contribution the essay makes to our overall interpretation and evaluation of Hart’s legal philosophy. (shrink)

Norberto Bobbio es una de las grandes figuras del pensamiento político y jurídico de nuestro tiempo. Se puede afirmar con motivos que Bobbio, junto con Kelsen, Hart, Rawls, Habermas y Dworkin, ha sido uno de esos grandes maestros de la filosofía jurídica y política del siglo XX que quedarán como clásicos..

This paper aims to offer a metaphilosophical reconstruction of Law in the analytic tradition of the twentieth and twentieth-one century first fifteen years, in order to determine the identity of the “analytic concept of law”. To do that I will use three argumentative axes. The first will clarify the distinction between the Continental and Anglo-Saxon focuses on twentieth century analytical legal philosophy. The second axis will emphasize the methods and purposes of the latter, from the publication of Hart’s The (...) Concept of Law’s first edition to its second edition in 1994. The third will problematize the existence or non-existence of an analytical concept of Law. (shrink)

This book advances a new interpretation of Hart's penal philosophy. Positioning itself in opposition to current interpretations, the book argues that Hart does not defend a mixed theory of punishment, nor a rule-utilitarian theory of punishment, nor a liberal form of utilitarianism, nor a goal and constraint approach. Rather, it is argued, his penal philosophy is based on his moral pluralism, which comprises two aspects: value pluralism and pluralism with respect to forms of moral reason. It is held (...) that this means, on the one hand, that criminal law has an irreducible complexity due to the compromises it makes to accommodate competing values, and on the other hand, that there need not be one single justification of punishment. This original interpretation is not based only on Hart's key volume on the subject Punishment and Responsibility, but on a careful reading of his complete works. The book will be a valuable resource for academics and researchers interested in Hart's philosophy, the philosophy of law and criminal law. (shrink)

More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in (...) the field. Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English. Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey. (shrink)

Since its development in the middle of the 20th century, H.L.A. Hart’s oeuvre has become a beacon for the jurisprudential community. Hart turned out to be a giant on whose shoulders many have stood. Yet the significance in its own right of Hart’s work has been neglected in recent years because his work has too often been discussed in the context of the Hart-Dworkin-debate. Hopefully, Nicola Lacey’s recent biography of Hart,which is discussed in this (...) review-article, will contribute to redress this omission. Three aspects of the biography are discussed here: 1) Hart’s life; 2) the relation between his life and work; 3) his academic work. (shrink)

With aims to both increase organ supply and better reflect individual donation preferences, many nations worldwide have shifted from ‘opt‐in’ to ‘opt‐out’ systems for post‐mortem organ donation (PMOD). In such countries, while a prospective donor's willingness to donate their organs/tissues for PMOD was previously ascertained—at least partially—by their having recorded positive donation preferences on an official register prior to death, this willingness is now presumed or inferred—at least partially—from their not having recorded an objection to PMOD—on an official organ donation (...) register. Using evidence regarding the presence and prevalence of selective donation preferences, and via exploration of how appeals to donation preferences are used to both motivate and legitimate shifts to opt‐out frameworks, this paper draws attention to a set of previously unexplored problems for opt‐out organ donation arising in contexts where: (a) individuals demonstrate selective post‐mortem organ/tissue donation preferences, (b) legislation provides prospective donors with the opportunity to selectively permit/refuse the donation of certain organs/tissues in line with these preferences. While selective preferences pose few problems for opt‐in systems where a selective occasion is built into the process of signing the donor register, this is not the case for opt‐out systems. The loss of this selective occasion can cause significant problems where appeals to preferences motivate/legitimate shifts to opt‐out but evidence regarding variable preferences does not feed into determinations regarding organ/tissue exclusions. The nature of these problems depends on how the authorization aspect of ‘opt‐out’ systems is framed (e.g. as presumed consent, deemed consent or, given the role of familial consent in many jurisdictions as consent in name only). (shrink)

Until recently, little was known of H.L.A. Hart’s private life. That has now changed with the publication of Nicola Lacey’s A Life of H.L.A. Hart: The Nightmare and the Noble Dream. Drawing on Hart’s notebooks and correspondence, Lacey paints an illuminating portrait of Hart, which reveals that despite his public success he struggled with internal perplexities, including his sexual orientation, Jewish identity, intellectual insecurity, and unconventional marriage. Yet, as critics have noted, the connection between these (...) revelations and the development of Hart’s ideas is unclear. Moreover, one cannot help but wonder whether by focusing on these aspects of Hart’s personal life, Lacey has missed an opportunity to explore certain basic questions about his jurisprudence and its link to wider intellectual currents. For example, linguistics, psychology, and the philosophy of language and mind are much different today than they were in the 1940s and 1950s, yet Lacey does not discuss how such familiar events as the overthrow of logical positivism, the demise of behaviorism, the rise of generative linguistics, or the broader cognitive revolution of which they were a part actually impacted Hart or should influence our understanding of his legacy. Surprisingly, none of these developments are taken up in this book, leading one to ponder the significance of their absence. (shrink)

Nicolas Weill propose une lecture stimulante de ces textes qui constituent une des découvertes philosophiques les plus importantes de ces dernières années. La publication des "Cahiers" redonne une actualité brûlante à la question qui divise épigones et détracteurs du penseur allemand : comment continuer à philosopher avec Heidegger sans tenir compte d'une éventuelle contamination de cette philosophie par l'idéologie nazie? Par une analyse sans concession des "Cahiers", en se concentrant sur les Réflexions (tenues par Heidegger de 1931 à 1941) mais (...) tout en cherchant à en dégager les éléments proprement philosophiques, cet ouvrage invite à une approche équilibrée, quitte à "penser avec Heidegger, contre Heidegger", comme le suggérait Jürgen Habermas dès le début des années 1950. Il montre notamment comment l'auteur d'Etre et temps, en inventant une nouvelle forme de philosopher, a poursuivi et prolongé dans ces carnets la critique de la modernité telle qu'elle a été formulée par la "révolution conservatrice" allemande et par Oswald Spengler, le théoricien du déclin de l'Occident. (shrink)

This book represents the most comprehensive attempt to date to explore and test Derrida's contribution and influence on the study of theology, biblical studies, and the philosophy of religion. Over the course of the last decade, the writings of Derrida and the key concepts that emerge from his work such as the gift, apocalypse, hospitality, and messianism have wrought far-reaching and irresistible changes in the way that scholars approach biblical texts, comparative religious studies, and religious violence, for instance, as well (...) as the way they understand basic religious themes as myth, creation, forgiveness, one-ness, and multiplicity. In addition to original contributions from over twenty highly-regarded scholars including John Caputo, Daniel Boyarin, Edith Wyschogrod, Tim Beal, and Gil Anidjar, the volume opens with a lengthy interview with Derrida. (shrink)

Cela fait maintenant dix ans que Nicola Lacey nous a livré cette saisissante biographie de l’illustre juriste britannique H.L.A. Hart, intitulée A Life of H.L.A. Hart, the Nightmare and the Noble Dream. La tâche n’était pas aisée. D’une part, Hart est sans doute le juriste le plus lu du monde anglo-saxon, et comme certains ont pu le remarquer, il est parfois compliqué d’écrire sur Hart étant donné que tout le monde a débuté ses études de (...) droit avec la lecture du Concept de droit. Pour cette... (shrink)

An examination of the ways human movement can be represented as a formal language and how this language can be mediated technologically. In Motion and Representation, Nicolás Salazar Sutil considers the representation of human motion through languages of movement and technological mediation. He argues that technology transforms the representation of movement and that representation in turn transforms the way we move and what we understand to be movement. Humans communicate through movement, physically and mentally. To record and capture integrated movement (...) (both bodily and mental), by means of formal language and technological media, produces a material record and cultural expression of our evolving kinetic minds and identities. Salazar Sutil considers three forms of movement inscription: a written record (notation), a visual record (animation), and a computational record (motion capture). He focuses on what he calls kinetic formalism—formalized movement in such pursuits as dance, sports, live animation, and kinetic art, as well as abstract definitions of movement in mathematics and computer science. He explores the representation of kinetic space and spatiotemporality; the representation of mental plans of movement; movement notation, including stave notation (Labanotation) and such contemporary forms of notation as Choreographic Language Agent; and the impact of digital technology on contemporary representations of movement—in particular motion capture technology and Internet transfer protocols. Motion and Representation offers a unique cultural theory of movement and of the ever-changing ways of representing movement. (shrink)

Connected devices, such as smartphones and tablets, are exposed to a large variety of attacks. Their protection is often challenged by their resource constraints in terms of CPU, memory and energy. Security chains, composed of security functions such as firewalls, intrusion detection systems and data leakage prevention mechanisms, offer new perspectives to protect these devices using software-defined networking and network function virtualization. However, the complexity and dynamics of these chains require new automation techniques to orchestrate them. This chapter describes an (...) automated orchestration methodology for security chains in order to secure connected devices and their applications. This methodology exploits process learning to establish behavioral models and infer security constraints represented as logical predicates. It then generates and merges a set of chains of security functions on the basis of these predicates. These chains are finally compiled into low-level configuration rules and deployed into the network, optimizing for the underlying topology. The benefits and limits of such a methodology combining machine learning and verification techniques are evaluated by a set of experimental results. (shrink)

This paper demonstrates the central role of the Socratic elenchus in the Sophist. In the first part, I defend the position that the Stranger describes the Socratic elenchus in the sixth division of the Sophist. In the second part, I show that the Socratic elenchus is actually used when the Stranger scrutinizes the accounts of being put forward by his predecessors. In the final part, I explain the function of the Socratic elenchus in the argument of the dialogue. By contrast (...) with standard scholarly interpretations, this way of reading the text provides all the puzzles about being (241c4–251a4) with a definite function in the dialogue. It also reveals that Plato’s methodology includes a plurality of method and is more continuous than what is often believed. (shrink)

In response to cancer, patients may be thrown into precarious processes of remaking their purpose, identity, and connections to the world around them. Thoughtful and thorough responses to these issues can be supported by person-centered phenomenological approaches to caring for patients. The importance of perspectives on illness offered by theoretical phenomenology will become apparent through the example of the experience of nausea, or perhaps more accurately put—chemo sickness. The focus here is on how chemo sickness alters one's way of relating (...) to the world. I will examine the phenomenon of nausea through the lens of the phenomenological concept of mood—an existential feeling that engenders a diffused tone permeating through one's world and shapes the envisioned possibilities on one's horizon. (shrink)

In the target article, “Revive and Refuse: Capacity, Autonomy, and Refusal of Care After Opioid Overdose,” Kenneth D. Marshall and collaborators (2024) highlight important complexities in the care...

Johann Nikolaus Tetens s Philosophical inquiries into Human Nature and its Development (1777) is one of the most important philosophical works of the late Enlightenment. In 14 essays, Tetens attempts to resolve the fundamental problems of Enlightenment philosophy. This is the first complete and annotated edition of this major work of late Enlightenment empiricism since its initial publication.".

A deep relationship binds semiotics and pragmatism together, rooted in their common father, Charles Sanders Peirce. However, as deep as this relationship is, it is also complex and not straightforward. This is evidenced by the scant attention that post-Peircean pragmatism (and so much of contemporary pragmatism) has paid to more specifically semiotic problems and by the separation of semiotics into a science in its own right. This estrangement between semiotics and pragmatism means that today...

This study investigates the social–psychological mechanisms leading individuals in organizations to engage in environmental citizenship behaviors, which entail keeping abreast of, and participating in, the environmental affairs of a company. Informed by the corporate greening and organizational behavior literature, we suggested that an employee’s level of involvement in the management of a company’s environmental impact was the overt manifestation of his or her discretionary sense of commitment to environmental concerns in the work context, and that such commitment developed through the (...) interplay of individual, organizational, and supervisory factors. Our general findings support the idea that when environmental protection is valued and encouraged by the company and line managers, organization members are more likely to experience a volitional sense of attachment and responsibility to corporate environmental goals and values, which is enacted through citizenship behaviors. We also expected that individual ecological beliefs would strengthen the environmental commitment of employees via identification with, and adherence to, the socially responsible cause embodied by the organization and its managerial staff. But it did not. On the contrary, the data indicated that corporate environmental policy is more likely to influence an employee’s level of environmental commitment when he or she holds weak versus strong personal ecological beliefs. Theoretical and managerial implications of our findings are discussed. (shrink)

In recent years much research has been undertaken regarding the feasibility of the human uterine transplant as a treatment for absolute uterine factor infertility. Should it reach clinical application this procedure would allow such individuals what is often a much-desired opportunity to become not only social mothers, or genetic and social mothers but mothers in a social, genetic and gestational sense. Like many experimental transplantation procedures such as face, hand, corneal and larynx transplants, UTx as a therapeutic option falls firmly (...) into the camp of the quality of life transplant, undertaken with the aim, not to save a life, but to enrich one. However, unlike most of these novel procedures – where one would be unlikely to find a willing living donor or an ethics committee that would sanction such a donation – the organs to be transplanted in UTx are potentially available from both living and deceased donors. In this article, in the light of the recent nine-case research trial in Sweden which used uteri obtained from living donors, and the assertions on the part of a number of other research teams currently preparing trials that they will only be using deceased donors, I explore the question of whether, in the case of UTx, there exist compelling moral reasons to prefer the use of deceased donors despite the benefits that may be associated with the use of organs obtained from the living. (shrink)

Has the time come to put to bed the concept of a harm threshold when discussing the ethics of reproductive decision making and the legal limits that should be placed upon it? In this commentary, we defend the claim that there exist good moral reasons, despite the conclusions of the non-identity problem, based on the interests of those we might create, to refrain from bringing to birth individuals whose lives are often described in the philosophical literature as ‘less than worth (...) living’. (shrink)

When attempting to determine which of our acts affect future generations and which affect the identities of those who make up such generations, accounts of personal identity that privilege psychological features and person affecting accounts of morality, whilst highly useful when discussing the rights and wrongs of acts relating to extant persons, seem to come up short. On such approaches it is often held that the intuition that future persons can be harmed by decisions made prior to their existence is (...) mistaken as identity is a most fragile thing with even the smallest differences in the conditions under which we procreate affecting not the interests of distinct future persons, but the identities of those who will come to exist in the future. Within this paper I reject this view, holding that a subscription to these two accounts need not result in the conclusion that virtually all acts relating to possible persons are permitted. Further, I argue that such accounts may in fact allow a great deal more scope for the determination of prenatal harms than accounts of personal identity that privilege physical features. Finally, by interpreting claims regarding causal identity such as Parfit’s Time Dependence Claim in terms of Counterpart Theory I suggest that a solution to the non-identity problem can be found in the acceptance of, as relevant in prenatal cases, three kinds of objective similarity relations: Biological, Environmental and Decisional counterpart relations. (shrink)

This collection seeks to excavate the tradition of radical liberal class analysis, which predated and inspired Marx's reflections on class. Liberal class theory is distinctive because it regards relationship with the state as constitutive rather than just indicative of social class membership. Along with an introduction that frames the discussion historically and conceptually, Social Class and State Power provides readers with easy access to provocative texts from the early modern period to the present.

Since the time of the Enlightenment in Western Europe, discussions of faith and reason have often pitted the believer against the skeptic, the theist against the atheist, and the person of one faith against the person of no professed faith. But the relation of reason to faith has been a matter of debate among believers as well. There are those who hold that religious faith can be proven or supported by rational argument. Others say that to try to give reasons (...) and arguments does violence to religious faith, or opens it to misunderstanding and doubt, or trivializes it. Responses to the Enlightenment: An Exchange on Foundations, Faith, and Community is a dialogue between Hendrik Hart and William Sweet, two philosophers who identify themselves as Christians, and who seek to respond to the challenges of the Enlightenment and its legacy. The authors approach the relation of faith to reason, however, in very different ways: Hart from the perspective of the Calvinian tradition and postmodern philosophy, Sweet from the Catholic tradition and analytic philosophy. Among the topics discussed are the nature of religious faith and of reason, liberalism and orthodoxy in religion, the relation of religious experience and rationality, and building community in a religiously and culturally pluralistic world. This exchange presents two distinctive perspectives to some of the major challenges of the reason to religious belief, but seeks to find common ground between them. (shrink)

It is commonly assumed that moral deliberation requires that the alternatives available in a choice situation are evaluatively comparable. This comparability assumption is threatened by claims of incomparability, which is often established by means of the small improvement argument (SIA). In this paper I argue that SIA does not establish incomparability in a stricter sense. The reason is that it fails to distinguish incomparability from a kind of evaluative indeterminacy which may arise due to the vagueness of the evaluative comparatives (...) ‘better than,’ ‘worse than,’ and ‘equally as good as.’. (shrink)