The ‘Hart-Phenomenon’

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The ‘Hart-Phenomenon’
Varga, Csaba

From the journal ARSP Archiv für Rechts- und Sozialphilosophie, Volume 91, March 2005, issue 1

Published by Franz Steiner Verlag

article, 8624 Words
Original language: English
ARSP 2005, pp 83-95
https://doi.org/10.25162/arsp-2005-0006

Abstract

The ‘Hart-miracle’, then the ‘Hart-phenomenon’ are analysed through surveying (1) the state of legal philosophising in England preceding Hart, (2) his professional career and (3) the early British reception of his work, including (4) the kinds of criticism as to its methodology and presuppositions as well as (5) its becoming a master type of jurisprudence with Oxford as a centre. Taking it as a mainstream, the continental tradition of encouragement to productive thinking characteristic even of Kelsenism is contrasted with its worldwide reception, by the effect of channelling thinking. Its reception in Hungary with an overview of which trends of legal philosophising of the 20th century has exerted or failed to exert an impact upon - as echoed by - theorising on law in Hungary is also considered. As concluded, the places in the imaginary Pantheon of 20th-century legal philosophising occupied by Max Weber and Hans Kelsen (as accompanied by Eugen Ehrlich and Gustav Radbruch who are deemed to have been decisively significant minor masters), representing the first half of the century, are complemented indeed by the places occupied by H. L. A. Hart and Ronald M. Dworkin in representation of the second half of 20th century.

Author information

Csaba Varga