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)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

H. L. A. Hart is heir and torch-bearer of a great tradition in the philosophy of law which is realist and unromantic in outlook. It regards the existence and content of the law as a matter of social fact whose connection with moral or any other values is contingent and precarious. His analysis of the concept of law is part of the enterprise of demythologising the law, of instilling rational critical attitudes to it. Right from his inaugural lecture in Oxford (...) he was anxious to dispel the philosophical mist which he found in both legal culture and legal theory. In recent years he has shown time and again how much the rejection of the moralizing myths which accumulated around the law is central to his whole outlook. His essays on “Bentham and the Demystification of the Law” and on “The Nightmare and the Noble Dream” showed him to be consciously sharing the Benthamite sense of the excessive veneration in which the law is held in Common Law countries, and its deleterious moral consequences. His fear that in recent years legal theory has lurched back in that direction, and his view that a major part of its role is to lay the conceptual foundation for a cool and potentially critical assessment of the law are evident. (shrink)

Abstract.If norms are neither true nor false, can logical relations such as contradiction and entailment obtain between them? Earlier logical positivists and also Hans Kelsen in his later years have answered the question with No. While appreciating the seriousness of the problem, the author of the present paper makes a fresh attempt to answer the question with Yes. His answer presupposes that norms can be judged from the point of view of their rationality. The deontic loic or logic of norms (...) built on this foundation is much more restricted, however, than tae “classical” systems. This again is a consequence of the author's opinion that the sentential connectives (negation, conjunction, disjunction, etc.) apply to norms only on condition that they can be “shifted” from joining norm‐formulations to the descriptive contents of the norms themselves. (shrink)

Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-32334. ISBN 1-886363-74-9. Cloth. $95. * Reprint of the first edition.

This paper presents an outline of a new theory of relevant deduction which arose from the purpose of solving paradoxes in various fields of analytic philosophy. In distinction to relevance logics, this approach does not replace classical logic by a new one, but distinguishes between relevance and validity. It is argued that irrelevant arguments are, although formally valid, nonsensical and even harmful in practical applications. The basic idea is this: a valid deduction is relevant iff no subformula of the conclusion (...) is replaceable on some of its occurrences by any other formula salva validitate of the deduction. The paper first motivates the approach by showing that four paradoxes seemingly very distant from each other have a common source. Then the exact definition of relevant deduction is given and its logical properties are investigated. An extension to relevance of premises is discussed. Finally the paper presents an overview of its applications in philosophy of science, ethics, cognitive psychology and artificial intelligence. (shrink)

a This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.a (TM) These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. (...) In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the booka (TM)s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (a defeasiblea (TM)) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail. (shrink)

The existing literature treats of several investigations with a certain bearing on the question which is roughly indicated by the title “Imperatives and Logic.” Some of those investigations, however, are entirely outside the scope of the present work.Mally sets himself the task of developing a “Logik des Willens” constituting a parallel to the usual logic, the “Logik des Denkens". In order to emphasize its independence, the author also calls this “Logik des Willens” “Deontik”, and he conceives it as being based (...) on the “Wesensgesetze” of will in the same way as the usual logic is conceived as being based on the “Wesensgesetze” of thought. The author develops a formalistic deductive system on the basis of 5 axioms of demands, including the axiom that there is at least one fact which is unconditionally demanded, and through a lengthy series of theorems he arrives at the sentence that what is unconditionally demanded is identical with what is actually the case: “was sein soll, ist Tatsache”. Similarly, the author develops a system of axioms for “right” volition, including the axiom that right volition is non-contradictory. (shrink)

1 Meaning and Truth Objection to propositions Propositions as information Diffuseness of empirical meaning Propositions dismissed Truth and semantic ascent Tokens and eternal sentences 2 Grammar Grammar by recursion Categories Immanence and transcendence Grammarian's goal reexamined Logical grammar Redundant devices Names and functors Lexicon, particle, and name Criterion of lexicon Time, events, adverbs Attitudes and modality 3 Truth Truth and satisfaction Satisfaction by sequences Tarski's definition of truth Paradox in the object language Resolution in set theory 4 Logical Truth In (...) terms of structure In terms of substitution In terms of models Adequacy of substituteon In terms of proof In terms of grammar 5 The Scope of Logic Affinities of identity Identity reduced Set theory Set theory in sheep's clothing Logic in wolf's clothing Scope of the virtual theory Simulated class quantification Other simulated quantification Annexes 6 Deviant Login Change of logic, change of subject Logic in translation Law of excluded middle Debate about the dichotomy Intuitionism Branched quantifiers Substitutional quantification Its strength 7 The Ground of Logical Truth The semblance of a theory An untenable dualism The place of logic For Further Reading Index. (shrink)

Philosophers of law generally appear to assume that there is a very close connection between a judicial decision’s being required by law and its being justified. In this paper I shall try to show that this assumption is mistaken.