The Concept of Law

By H.L.A. Hart and Hart H.L.A.

Book Overview

Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century. It is a classic book in the field of legal scholarship and remains the starting point for most students coming to the subject for the first time.

Known as Hart's most famous work, The Concept of Law emerged from a set of lectures that Hart began to deliver in 1952 in which he developed a sophisticated view of legal positivism. Hart revolutionized the methods of jurisprudence and the philosophy of law in the English-speaking world by bringing the tools of analytic, and especially linguistic, philosophy to bear on the central problems of legal theory.

In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central tensions and problems in the work. The Concept of Law remains a must-read for anyone interested in the great thinkers of the 20th century.

• Format: Paperback
• Language: English
• ISBN: 0199644705
• ISBN13: 9780199644704
• Release Date: December 2012
• Publisher: Oxford University Press
• Length: 400 Pages
• Weight: 1.10 lbs.
• Dimensions: 1.0" x 5.3" x 8.4"

Customer Reviews

Law Students

A must-read for any and all law students (along with Dworkin's "Law's Empire"). Both are pre-eminent jurisprudence scholars of the 20th century.

a seminal text on legal philosophy and jurisprudence

One of the most important books written in the field of jurisprudence and legal philosophy. A must-read for anyone who wants to talk intelligently about the topic. Each of Dr. Hart's chapters has been the springboard for entire areas of discussion since its publication, such as law as a system of rules, the separation of law and morality, etc. After you finish this book, read Prof. Dworkin's critique in "The Model of Rules," 35 Univ.Chi.L.Rev. 14 (1967) (excerpted in "The Philosophy of Law") and Prof. Dworkin's "Taking Rights Seriously" to see how Hart's theories have affect jurisprudential scholarship since the publication of this text in 1961. Again, if one had to select the top thinkers in the field, it's Austin, Hart, and Dworkin.

Inadequacies of Hart's concept of a rule

Hart insists that there are many differen kinds of rules - he only 'elucidetes social rules' -but he also accepts that not all legal rules are social rules. What then are they? The foundation of his account of a social rule is an aspect of the form of life (vide Wittgenstein) underlying the use of language - but it is life without the multiplicity of activity at any one time and without conflict.