Description
Book SynopsisA substantially revised second edition of the classic book that discusses the work of H.L.A. Hart and analyzes his important contributions to analytical jurisprudence.
Trade Review"Neil MacCormick's deep substantive engagement with H.L.A. Hart's ideas made this book an important jurisprudential contribution when it was first published, and it remains perhaps the single best exploration, for example, of the idea of the internal point of view. This second edition promises to be more important yet. Not only does the significantly updated second edition explore in great depth Hart's later work and the reactions to it, and not only does it engage more recent jurisprudential debates, but it also provides valuable insight into and elaboration of MacCormick's own ideas."—Frederick Schauer, Harvard University
"
H.L.A. Hart is a close-grained exposition and critical appreciation of the thought of a master thinker by one of his most distinguished successors. The second edition maintains all the virtues of the first. It also extends them by taking account of further thought and scholarly work throughout, and adding an important introduction and epilogue that engage directly with changes in the views of both Hart and MacCormick and in the scholarly understanding and reception of Harts life and work. The book was and remains a work of unfailing clarity, critical sympathy and acute but generous appraisal." -- Martin Krygier * University of New South Wales *
Table of Contents[table of contents] Contents Preface List of Main Works by H.L.A. Hart 1. Introduction to Second Edition 2. Hart: Moral Critic and Analytical Jurist 3. Hart's conception of law 4. Social rules 5. Morality - positive and critical 6. Obligation, duty, wrongdoing 7. Powers and power-conferring rules 8. Rights 9. The legal order I: Primary elements of law 10. The legal order II: Secondary rules 11. Judicial discretion and the judicial role 12. Sanctions, punishments, justice 13. Law, morality and positivism 14. Epilogue Notes Index