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)

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)

Formal implication is usually represented by symbolization such as ‘ φx ⊃ Ψx,’ which may be read, “for all values of ‘x’, φx implies Ψx.” If the values of the variable ‘x’, in ‘φx’ and ‘Ψx’ be ‘x1’ ‘x2’ ‘x3’, etc., then … ‘φx’ formally implies ‘Ψx’ if and only if, whatever values of ‘x’, ‘xn’, be chosen, ‘φxn’ materially implies ‘Ψxn’ …However, this still leaves it doubtful which of two possible interpretations of expressions having the form ‘ φx ⊃ (...) Ψx’ is to be taken as correct. … It means one thing to say, “Every existent having the property φ … has also the property Ψ,” and it means quite a different thing to say, “Every thinkable thing which should have the property φ must also have the property Ψ.” The second of these holds only when having the properly φ logically entails having the property Ψ; when ‘Ψx’ is deductible from ‘φx’. … The first of them, however, holds not only in such cases … but also in every case where among existent things, one property is universally accompanied by another. (shrink)

This highly acclaimed book is a major contribution to the philosophy of language as well as a systematic interpretation of Frege, indisputably the father of ...