Simpson (ed.), Oxford Essays in Jurisprudence ...
4 These essays deal with central and controversial issues in Publication date 11 Jan 1973; Publisher Oxford ed, Oxford Essays in Jurisprudence (Oxford U Press 1973) Hacker Sanction Theories of Duty Oxford Essays in Jurisprudence 1973 13 H.
Oxford Essays in Jurisprudence.
Languange Used : en
Release Date : 1983-11-24
Publisher by : OUP Oxford
Description :This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination o...
See Bell The Modern Law of Personal Property in England and Ireland Professor HLA Hartâ•Žs Concept of Law - Duke Law Scholarship…sponsibility, OXFORD ESSAYS IN JURISPRUDENCE 29 (Guest ed.
Oxford Essays in Jurisprudence: 2nd Series by A.W.B.
The chapters in this book were written in the twenty-eight years following H. L. A. Hart's inaugural lecture in 1953 as Professor of Jurisprudence at Oxford. Originally published in England, the United States, and elsewhere, in many different journals and books, these chapters cover a wide range of topics. They include Professor Hart's first attempt to demonstrate the relevance of linguistic philosophy to jurisprudence, and his first defence of the form of legal positivism later developed in his Concept of Law; his studies of the distinctive teaching of American and Scandinavian jurisprudence; ...
Oxford Essays in Jurisprudence: 2nd ...
Scholars such as Friedrich Hayek and Aleksander Peczenik have criticized legal positivism for undermining constitutionalism and the rule of law, an implication of which is weakened private property rights. This conclusion is far from evident. First, I contend that legal positivism is compatible with a strong support for property rights. Second, the causal relationship between legal positivism and the degree to which property rights are applied and protected is analyzed. The main arguments for a negative relationship—that legal positivism centralizes and politicizes legislation and that it makes the legal culture servile in relation to the political sphere—are considered unconvincing.
Guest: Oxford Essays in Jurisprudence 1961, S.
HLA (Herbert) Hart (1907-1992)
Hart was the son of a Jewish tailor of Polish and German descent. He was educated at Bradford Grammar School and New College Oxford, where he obtained a brilliant first class in Classical Greats. He practised at the Chancery Bar from 1932 to 1940 along with Richard (later Lord) Wilberforce. During the war, being unfit for active service, he worked in MI5. During this time his interests returned to philosophy and in 1945 he was appointed philosophy tutor at New College. He was strongly influenced by the linguistic philosophy then current in Oxford, but employed its techniques more constructively than did most members of the movement. In 1952, given his chancery background, he was persuaded by JL Austin to be a candidate for the Oxford chair of Jurisprudence when Professor Arthur Goodhart resigned. He was elected and held the chair until 1969.
From 1952 on he delivered the undergraduate lectures that turned into (1961, posthumous second edition 1994). He also lectured on right and duties, but these lectures were never published. He held seminars with Tony Honoré on causation, leading to their joint work (1959, second edition 1985). His visit to Harvard in 1956-7 led to his Holmes lecture on 'Positivism and the Separation of Law and Morals' (1958) and a famous controversy with Lon Fuller. Returning to the UK he engaged
Jurisprudence - University of Oxford Essays in Jurisprudence and ...
This is a general but succinct overview of the history and development of positivism since its inception. Also a brief discussion of the broader methodological problem of the role of evaluation in constructing theories of law, an issue which has moved to the forefront of debate among positivists and legal theorists more generally. A good introduction for undergraduates, graduate students, and scholars alike.