Hart, Fuller, and Everything After: The Politics of Legal Theory

Administrative / Constitutional Law

Hart, Fuller, and Everything After: The Politics of Legal Theory

By Allan C. Hutchinson
Hart Publishing August 2024

Specifications

ISBN-13
9781509965243
Publisher
Hart Publishing
Publication
August 2024
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

More than enough has been said about the Hart-Fuller debate than can be considered healthy or productive even within the precious world of jurisprudential scholarship – too much philosophising about how law has revelled in its own abstractness and narrowness. But the mission of this book is distinctly and determinedly different – it is not to rework these already-rehashed ideas, but to reject them entirely.

Rather than add to the massive jurisprudential literature that has been generated by all and sundry, the book criticises and abandons the project that Hart and Fuller set in motion. It contends that the turn that was taken in 1957 has led down a series of cul-de-sacs, blind alleys, and dead-ends to nowhere useful or illuminating. It is more than past time to leave their debate behind and strike out in an entirely new and more promising direction. The book insists that not only law, but also all theorising about law, is political in all its derivations, dimensions, and directions.

Table of Contents

1.
1957 and All That: A Year of Living Jurisprudentially
2. Looking Back and Forward: The Ground-Zero of Legal Theory
3. A Philosophical State of Mind: The Local Limits of Analytical Truths
4. Legality from a Positivist Outlook: Of Social Facts and Moral Fancies
5. From Validity to Legitimacy: Exploring Law's Morality
6. Breaking Bad: From Validity to Legitimacy
7. Keeping Active: Law as Practice
8. Looking for Solid Ground: The Elusive Search for Interpretive Certitude
9. Keeping the Faith: Law, Obedience and Compliance
10. Legal Theory on the Move: A Never-Ending Inquiry
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