The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...) Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)

The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart's Postscript, with fully updated notes to include modern references (...) and further reading. (shrink)

In catechesis for adolescents seeking confirmation in the Roman Catholic Church, a dualistic bias unconsciously dichotomizes objective doctrine and subjective psychology. This is problematic because if a catechist does not communicate mind-independent truth, no seed of Catholic faith will have been planted in a student. At the same time, if a catechist does not affirm a student's subjectivity, the seed cannot find receptive soil. I believe the key to integrating these intellectual and affective elements – the head and the heart (...) – lies in the link between what Bernard Lonergan calls authentic subjectivity and objectivity. Catechists can appeal to this link by embracing the moral responsibility to ‘know our knowing,’ becoming aware of our dualistic bias and judging our faith experiences according to objective standards of knowledge. (shrink)

English translation of a lecture delivered by HLA Hart on 29 October 1979 at the Autonomous University of Madrid. For commentary on the provenance of the lecture and on the methodology of its translation, see Andrzej Grabowski, ‘The Missing Link in the Hart–Dworkin Debate’ 36 Oxford Journal of Legal Studies 476.

Good People, by Singaporean playwright Haresh Sharma, unmasks racial and religious tensions between Singapore’s increasingly diverse racial groups and the attendant ramifications on the healthcare ecosystem and the doctor-patient relationship. Drawing upon Michel Foucault’s notion of heterotopia, this paper argues that, in Good People, Sharma employs theater as a site of resistance by calling into question state and medical authority. First, state authority is challenged through the play’s scrutiny of the ideological principle of multiculturalism and its usefulness in fostering meaningful (...) cross-cultural exchanges and acceptance of different cultural and religious beliefs in the clinic. Second, the play destabilizes medical authority by surfacing the complex relationship between the doctor’s unconscious biases, racial and religious prejudice, and clinical judgment, thereby casting doubt on medicine’s claims of objectivity. In doing so, this paper argues, the play resists simplistic binary categorizations of the behaviors and motivations of the characters into good/bad or right/wrong, instead raising questions about power, knowledge, and contesting truths within the confines of the cultural space of a hospice. (shrink)

Benenson et al. postulate that human females evolved unique survival adaptations to facilitate maternal and grandmaternal care. This hypothesis is consistent with the broader hypothesis that female phenotypes are more ecologically optimal, but further evidence is needed to make a compelling case that sex differences in self-protection are not primarily the result of more intense sexual selection on males.

BackgroundThis paper considers ethical dilemmas arising where a patient asks their General Practitioner for advice and their personal opinion regarding whether or not to have an abortion. Patients often seek their General Practitioner’s advice regarding treatments and procedures, which may occasionally lead to the General Practitioner facing a difficult dilemma of whether to share their personal opinion with their patient. As General Practitioners are more accessible as the first point of contact for patients and often have a closer relationship with (...) them, they may be particularly exposed to such situations. Additionally, the significance of abortion as a sensitive topic and the fact the General Practitioner may have their own personal viewpoint on its morality may make it particularly difficult for them to know how to respond to such a request.Main textThis paper explores the difficulties arising in such a situation and considers whether it could ever be ethically justifiable for General Practitioners to express their opinions on such a matter. We consider the duties of a doctor, and highlight the need for clearer guidance for healthcare professionals on managing tensions in their professional boundaries between their personal moral views and their professional responsibilities. A range of ethical viewpoints are considered to explore how a doctor might ap, in particular the principle of autonomy, virtue ethics, and consequentialism.ConclusionsThis article recognises that a General Practitioner in a situation such as this faces many ethical challenges. We propose that offering their opinion to the patient where specifically requested may be morally justifiable. A virtue ethics approach in particular requires that the General Practitioner applies practical wisdom to make this decision, and where they do disclose their opinion ensure this is done so in such a manner that it does not harm the patient and promotes flourishing. We encourage GPs and other healthcare professionals to consider their own moral perspectives on sensitive issues such as abortion, and reflect on how their moral viewpoints have the potential to influence their practice. In doing so, we hope clinicians can be better should they be faced with a situation such as this. (shrink)

Recent studies support a model in which the progeny of SOX9+ epithelial progenitors at the distal tip of lung branches undergo cell allocation and differentiation sequentially along the distal‐to‐proximal axis. Concomitant with the elongation and ramification of lung branches, the descendants of the distal SOX9+ progenitors are distributed proximally, express SOX2, and differentiate into cell types in the conducting airways. Amid subsequent sacculation, the distal SOX9+ progenitors generate alveolar epithelial cells to form alveoli. Sequential cell allocation and differentiation are integrated (...) with the branching process to generate a functional branching organ. This review focuses on the roles of SOX9+ cells as precursors for new branches, as the source of various cell types in the conducting airways, and as progenitors of the alveolar epithelium. All of these processes are controlled by multiple signaling pathways. Many mouse mutants with defective lung branching contain underlying defects in one or more steps of cell allocation and differentiation of SOX9+ progenitors. This model provides a framework to understand the molecular basis of lung phenotypes and to elucidate the molecular mechanisms of lung patterning. It builds a foundation on which comparing and contrasting the mechanisms employed by different branching organs in diverse species can be made. (shrink)

This paper concerns work I have done on the China-Burma border between 2001 and 2007, with background of work with Shan both in Burma and in North Western Thailand. It will be about the place of the Shan and their Buddhism in the network of ethnic and trade relations on this border. It will raise questions about Shan Monastic traditions. On the one hand I have worked on the nature of Wa (Pirok) Theravada Buddhism and the history of the Wa (...) ‘kingdom’ of Ban Hong, and the Shan have played a central role as source of knowledge about Buddhism and of kingship, providing models of both for these Wa. A number of interesting questions arise about the Shan sources of models of Buddhist monastic organisation here; and it is quite clear that Wa ‘kingship’ was based upon the Shan notion of a Caofa or Cao Mang. The second focus (during most of 2003, mostly at Ruili/Meng Mao) has been the cross-border, inter-ethnic trade system chiefly in gemstones and jade. In this context the Shan have played a central role as what anthropologists have called ‘cultural brokers’. The Shan uniquely have been in a position to mediate between conflicting Burmese, Chinese and Thai conceptions about precious stones, making this trade network work smoothly. Since the Shan on these borders know how to ‘be Chinese’ (as Tai Noe), to ‘be Burmese’ (as Tai Mao and/or Tai Tay), and even to ‘be within the Thai cultural ambience’. (shrink)

In jails, the prisoners are often maltreated by the jail authorities.They are abused, and, their fundamental rights as human beings are frequentlyviolated. Although laws upholding the rights of prisoners are plenty,unfortunately, these seem ineffective in preventing the abuse of prisonersin jails. This paper examines the problems of jailed prisoners in general andhighlights their violations of human rights. In particular, this paper discussessexual abuse of prisoners, their mental and physical tortures, and enforcement ofprison labour laws. The paper also focuses on overcrowding (...) in jails, inadequateeducational facilities for prisoners and poor health care facilities. This articleanalyses these issues from the perspectives of Islamic Law and attempts toprovide a conceptual frame work of solutions. An analytical approach isemployed in this study. (shrink)

Next SectionPreimplantation tissue typing has been proposed as a method for creating a tissue matched child that can serve as a haematopoietic stem cell donor to save its sick sibling in need of a stem cell transplant. Despite recent promising results, many people have expressed their disapproval of this method. This paper addresses the main concerns of these critics: the risk of preimplantation genetic diagnosis (PGD) for the child to be born; the intention to have a donor child; the limits (...) that should be placed on what may be done to the donor child, and whether the intended recipient can be someone other than a sibling. The author will show that these concerns do not constitute a sufficient ground to forbid people to use this technique to save not only a sibling, but also any other loved one’s life. Finally, the author briefly deals with two alternative scenarios: the creation of a human leukocyte antigen (HLA) matched child as an insurance policy, and the banking of HLA matched embryos. (shrink)

This article considers HLA Hart's influence in the making of John Finnis's book Natural Law and Natural Rights. In the style of an intellectual biography it traces the history of the interaction between the two Oxford legal philosophers using their correspondence as a starting point. It also delves into Finnis's years in Africa—a period of his life both crucial for the writing of the book and utterly unknown. It argues that Hart's role was significant not only insofar as he was (...) behind the idea of the book but also because of the restrained way in which he freely chose to conduct his role as editor despite the extent of the reservations he had regarding Finnis's work, fully revealed here. Given the importance of Natural Law and Natural Rights for what has been called the ‘new natural law theory’ the article concludes by awarding Hart his due credit in the making of one of that theory's main sources of inspiration. (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)

Dès 1947, la construction de la nation birmane par Aung San, militaire victorieux de l’occupation japonaise, s’est faite en excluant certaines minorités, notamment musulmanes. En 1988, Aung San Suu Kyi revient au pays et prend la tête de l’opposition au nom de son père, assassiné en 1947, avec son parti la Ligue nationale pour la démocratie. Elle affirme son allégeance au bouddhisme et son soutien à l’armée malgré les exactions de celle-ci contre les minorités. Et c’est en tant (...) que cheffe de fait du gouvernement qu’elle comparait devant le tribunal de la Haye en 2019. (shrink)

Hart identified a utilitarian tradition in jurisprudence, which he associated with Jeremy Bentham and John Austin. This tradition consisted in three doctrines: the separation of law and morals; the analysis of legal concepts; and the imperative theory of law. I argue, contrary to Hart, that Bentham did not adopt a 'positivist' conception of law whether understood in terms of the separation of legal theory and morality or in terms of the separation of law and morals. Misinterpreting Bentham's approach to the (...) analysis of language, Hart was wrong to assume that Bentham's jurisprudential project was a precursor to his own attempt to provide a morally neutral description of a legal system. It was this assumption that led to mistakes in Hart's editing of Of Laws in General. Bentham's utilitarian theory of law should be recognised as a distinct alternative to Common Law and Natural Law theories. (shrink)

There is a widely acknowledged shortage of and an increasing demand for transplantable human organs and tissues (e.g., kidney, heart, lung, liver, cornea) in developed and developing countries around the world. In response to this need, Lott and Savulescu (2007) propose the creation of a human embryonic stem (hESC) bank to facilitate the equitable and efficient dissemination of human leukocyte anti- gen (HLA) matched tissues and organs to patients in need of replacement. Although not an unreasonable proposal, the authors go (...) on to make a much stronger claim. They argue that hESCs are such important tools for addressing the massive unmet global need for organs that it is ethically justified to require mandatory banking of spare embryos, and they argue for the use of financial (or other) inducements to procure embryos for the derivation of hESCs. (shrink)

The continuing existence and operation of the traditional law of Aboriginal and Torres Strait Islander peoples has – relatively recently – been explicitly acknowledged in Australian law. In emerging case law on the subject, the High Court of Australia has confirmed the common law recognition of the survival of Indigenous Australian law. However, in determining what it is that is recognized by the common law – in interpreting Indigenous Australian ‘traditional laws and customs’ – the High Court has disregarded the (...) knowledge reposed in those with authority or expertise in Indigenous Australian law, relying instead upon concepts and assumptions from the jurisprudence of English legal philosopher, HLA Hart. The influence of Hart’s theory in the Australian High Court’s interpretation of Indigenous Australian ‘traditional laws and customs’ is problematic, because it contains an obvious pre-legal–legal dualism reminiscent of the ‘state of nature’ – ‘civil society’ mechanism that was instrumental in the application of terra nullius to Australia. At the heart of The Concept of Law lies the notion of progression from a ‘primitive community’ with only primary rules, to an advanced legal system with a combination of both primary and secondary rules. In this article, I investigate how Indigenous Australians are positioned in relation to Hart’s pre-legal–legal dualism. I examine the ‘primitive’, pre-legal society in The Concept of Law, and its counterpart, the advanced legal system, to analyze the position of Indigenous Australian societies and law in Hart’s scheme. Finally, I analyze the construction of the dualism and consider its impact on the High Court’s interpretation of Indigenous Australian ‘traditional laws and customs’. (shrink)

One of the more controversial uses of preimplantation genetic diagnosis (PGD) involves selecting embryos with a specific tissue type so that the child to be born can act as a donor to an existing sibling who requires a haematopoietic stem cell transplant. PGD with HLA tissue typing is used to select embryos that are free of a familial genetic disease and that are also a tissue match for an existing sibling who requires a transplant. Preimplantation HLA tissue typing occurs when (...) parents select embryos that are not at risk of a familial genetic disease to be a match for an existing sibling who requires a transplant. In Victoria, Australia, applications to use PGD with HLA tissue typing are reviewed by the Infertility Treatment Authority on a case by case basis. Preimplantation HLA tissue typing is prohibited prima facie because the embryo to be tested would not be at risk for a genetic abnormality or disease. Arguments for or against the use of PGD/HLA tissue typing are based on several key issues including the commodification and welfare of the donor child. This essay aims to show that that the same arguments apply to both PGD with HLA tissue typing and Preimplantation HLA tissue typing, and that the policy distinction between the two procedures is therefore ethically inconsistent. (shrink)

Significant associations have been found between specific human leukocyte antigen (HLA) alleles and organ transplant rejection, autoimmune disease development, and the response to infection. Traditional searches for disease associations have conventionally measured risk associated with the presence of individual HLA alleles. However, given the high level of HLA polymorphism, the pattern of amino acid variability, and the fact that most of the HLA variation occurs at functionally important sites, it may be that a combination of variable amino acid sites shared (...) by several alleles (shared epitopes) are better descriptors of the actual causative genetic variants. Here we describe a novel approach to genetic association analysis in which genes/proteins are broken down into smaller sequence features and then variant types defined for each feature, allowing for independent analysis of disease association with each sequence feature variant type. We have used this approach to analyze a cohort of systemic sclerosis patients and show that a sequence feature composed of specific amino acid residues in peptide binding pockets 4 and 7 of HLA-DRB1 explains much of the molecular determinant of risk for systemic sclerosis. (shrink)

In 1985, Swiss legal philosopher Walter Ott visited Herbert Hart in Oxford and made this record of their meeting, which casts novel light on some of Hart’s ideas. Ott engaged Hart in a fresh encounter with the legal philosophy of Gustav Radbruch, particularly Hart’s and Radbruch’s reasons for a minimum content of justice in law. They also discussed the grudge informer, state responsibility under laws of an earlier régime, and questions of the definition and falsifiability of legal theories. Hart surprisingly (...) reported Hans Kelsen as stating, when they had met at Berkeley in 1961, that Hume (and not Kant, and certainly not Wittgenstein) was the greatest philosopher who had ever lived. The translation is accompanied with annotations explaining references, assumptions and contexts. (shrink)