A Collection of Essays on Jurisprudence and Philosophy

Author: Oxford University Press, UK
Publisher:
Publish Date: 2005-07-01
Features: "Hart was a profoundly influential scholar; rigorous, erudite, and deeply thoughtful, he could conduct in-depth textual analysis without being constrained by preconceived notions. He remained sensitive to constructive possibilities, and his criticism was always profound and meticulous. His prose was elegant and refined, and his style was gentle and refined." – The Times Book Review
All the essays in this book were self-selected by Professor Hart, comprising his most significant works from the 28 years since his inaugural lecture upon assuming the Chair of Jurisprudence at the University of Oxford in 1953. These essays were originally published in various journals and books in the UK, the US, and other regions, covering a wide range of topics. They include Professor Hart’s efforts to argue for the relevance between linguistic philosophy and jurisprudence, as well as the importance of linguistic philosophy for philosophical jurisprudence; his efforts to defend legal positivism, which he further developed in his later book The Concept of Law; numerous studies on the respective legal doctrines of the US and Scandinavia; an overview of various issues in philosophical jurisprudence; and a detailed examination of three attempts to provide a foundation for fundamental human rights or freedoms; as well as a detailed examination of the concept of "social solidarity" as a justification for enforcing habitual moral norms. Five essays in this book are dedicated to critiques of the works of many legal giants, such as Jhering, Kelsen, Holmes, and Lon Fuller. The final essay proposes a philosophical feature that addresses a long-standing puzzle and confusion concerning the concept of attempt in criminal law, which has long troubled legal practitioners.
In the specially written introduction to this book, Professor Hart explains the major influences on his work; he also considers the main criticisms of his work and points out the errors he now believes exist in his writings.