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)

다산 역학의 성립과 정수, 그리고 그 경학적.사상사적의의를 논구한 저술.

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.

현대철학의 핵심문제로 제시되어온 주체의 개념을 유 럽철학사의 맥락으로 논한 저서.

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)

Quasi-Nelson logic (QNL) was recently introduced as a common generalisation of intuitionistic logic and Nelson's constructive logic with strong negation. Viewed as a substructural logic, QNL is the axiomatic extension of the Full Lambek Calculus with Exchange and Weakening by the Nelson axiom, and its algebraic counterpart is a variety of residuated lattices called quasi-Nelson algebras. Nelson's logic, in turn, may be obtained as the axiomatic extension of QNL by the double negation (or involutivity) axiom, and intuitionistic logic as the (...) extension of QNL by the contraction axiom. A recent series of papers by the author and collaborators initiated the study of fragments of QNL, which correspond to subreducts of quasi-Nelson algebras. In the present paper we focus on fragments that contain the connectives forming a residuated pair (the monoid conjunction and the so-called strong Nelson implication), these being the most interesting ones from a substructural logic perspective. We provide quasi-equational (whenever possible, equational) axiomatisations for the corresponding classes of algebras, obtain twist representations for them, study their congruence properties and take a look at a few notable subvarieties. Our results specialise to the involutive case, yielding characterisations of the corresponding fragments of Nelson's logic and their algebraic counterparts. (shrink)

Forcing extensions yield models of ZFC in which a long sequence of club subsets of ω 1 has the following property: every subsequence of size ℵ 1 has a finite intersection.

This article argues that the causal loops that occur in some time-travel scenarios and in certain solutions of the theory of relativity are no more mysterious than the infinitely descending causal chains familiar from Newtonian mechanics.

This article presents the new German law on advance directives from 1 September 2009. The history of the parliamentary process of this law is described, the present regulations are explained, their relevance for medical practice discussed and shortcomings are identified. Finally, the new law is compared with other regulations in the international context. Previously established legal practice in Germany has now become largely confirmed by the new law: An advanced directive must be respected in any decision concerning medical treatment, regardless (...) of the stage of the illness. It can be informally revoked at any time, even with limited decision-making capacity. Nobody may be obliged to issue a directive in any way. Advance directives do not need notarisation or routine updating after certain time intervals. Provided that the patient, who is no longer mentally competent, has issued a lasting power of attorney, or provided that the patient has been appointed a healthcare proxy by the courts, this authorised surrogate must assert the patient's will. The role of the guardianship court is clarified: it only needs to be involved in cases of disagreement as to the patient's will. The new German law thus combines more legal certainty with a liberal emphasis on patient autonomy and flexible, adaptable regulations. (shrink)