Legal Theory 4 (4):381-425 (1998)

Abstract
H.L.A. Hart's The Concept of Law is the most important and influential book in the legal positivist tradition. Though its importance is undisputed, there is a good deal less consensus regarding its core commitments, both methodological and substantive. With the exception of an occasional essay, Hart neither further developed nor revised his position beyond the argument of the book. The burden of shaping the prevailing understanding of his views, therefore, has fallen to others: notably, Joseph Raz among positivists, and Ronald Dworkin among positivism's critics. Dworkin, in particular, has framed, then reframed, the conventional understanding, not only of Hart's positivism, but of the terms of the debate between positivists and him. While standing on the sidelines, Hart witnessed the unfolding of not only a lively debate between positivists and Dworkin, but an equally intense one among positivists as to positivism's core claims. The most important debate has been between so-called inclusive and exclusive positivists: a debate as much about Hart's legacy as about the proper interpretation of legal positivism.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1017/S1352325200001099
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 57,138
Through your library

References found in this work BETA

Actions, Reasons, and Causes.Donald Davidson - 1963 - Journal of Philosophy 60 (23):685.

Add more references

Citations of this work BETA

Legal Obligation and Reasons.Christopher Essert - 2013 - Legal Theory 19 (1):63-88.

View all 11 citations / Add more citations

Similar books and articles

The "Hart-Dworkin" Debate : A Short Guide for the Perplexed.Scott J. Shapiro - 2007 - In Arthur Ripstein (ed.), Ronald Dworkin. Cambridge University Press. pp. 22--49.
Human Rights and the Debate on Legal Positivism.Delamar José Volpato Dutra - 2015 - Dialogue and Universalism 25 (1):264-273.
An Examination of H. L. A. Hart's Theory of Legal Obligation.Helena M. Openshaw - 1986 - Dissertation, State University of New York at Buffalo
The Hart‐Fuller Debate.Juan Vega Gomez - 2014 - Philosophy Compass 9 (1):45-53.
Existence and Justification Conditions of Law.Michael Giudice - 2003 - Canadian Journal of Law and Jurisprudence 16 (1):23-40.
Legal Reasoning and Legal Theory.Neil MacCormick (ed.) - 1978 - Oxford University Press.
A Positivist Account of Legal Principles.Kenneth Einar Himma - 2001 - Dissertation, University of Washington

Analytics

Added to PP index
2013-12-23

Total views
106 ( #93,674 of 2,411,684 )

Recent downloads (6 months)
3 ( #244,611 of 2,411,684 )

How can I increase my downloads?

Downloads

My notes