Administrative / Constitutional Law

The Legacy of H.L.A. Hart Legal, Political and Moral Philosophy

Edited by Matthew Kramer · Claire Grant · Ben Colburn · Hatzistavrou
Oxford University Press August 2008

Specifications

ISBN-13
9780199542895
Publisher
Oxford University Press
Publication
August 2008
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • Presents original enquiries into a broad range of central issues in legal and political philosophy, including theories of rights, justice, liberalism, causation and criminal responsibility
  • Contributors include the leading figures in the field, such as Jeremy Waldron, John Finnis, Neil MacCormick, Philip Pettit, Antony Duff and John Gardner
  • Represents the most thorough examination available of the influence of H.L.A. Hart's work on current legal and political philosophy

This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century.

The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were tackled by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law.

Readership: Academics and advanced students in legal, political and moral philosophy.

Table of Contents

Introduction
Part I: General Legal Philosophy
1: John Finnis: On Hart's Ways: Law as Reason and as Fact
2: David Lyons: The Legal Entrenchment of Illegality
3: Sir Neil MacCormick: Jurisprudence after Hart
4: Gerald Postema: The Social Foundations of Sovereignty
5: Jeremy Waldron: Hart and the Rule of Law
6: W.J. Waluchow: Legality, Morality, and the Guidance Function of Law
Part II: Criminal Responsibility and Punishment
7: Antony Duff: Responsibility and Liability
8: John Gardner: Hart on Responsibility
Part III: Causation in the Law
9: Judith Jarvis Thomson: Some Reflections on Causation in the Law
10: Richard Wright: The Nightmare and the Noble Dream: Causation and Responsibility
Part IV: Theories of Justice
11: Brad Hooker: Justice, Fairness, and Hart
12: Philip Pettit: Liberty and Liberties
Part V: Theories of Rights
13: Cécile Fabre: Rights and Non-existence
14: Hillel Steiner: Are There Still Any Natural Rights?
15: Leif Wenar: The Nature of the Claim
Part VI: Toleration and Liberty
16: Leslie Green: Tolerance and Understanding
17: Susan Mendus: Private Faces in Public Places
18: Alan Ryan: Liberty, Privacy, and Cruelty

About the Author

Edited by Matthew Kramer, Professor of Legal & Political Philosophy, University of Cambridge, Claire Grant, Reader in Social and Political Philosophy, University of Warwick, Ben Colburn, University Lecturer in Philosophy, University of Cambridge, and Antony Hatzistavrou, Lecturer in Philosophy, University of Hull

Contributors: 

John Finnis, Oxford University
David Lyons, Boston University
Sir Neil MacCormick, University of Edinburgh
Gerald Postema, University of North Carolina
Jeremy Waldron, New York University
W.J. Waluchow, McMaster University, Ontario
Antony Duff, University of Stirling
John Gardner, Oxford University
Judith Jarvis Thomson, MIT
Richard Wright, Chicago-Kent College of Law
Brad Hooker, University of Reading
Philip Pettit, Princeton University
Cécile Fabre, London School of Economics
Hillel Steiner, University of Manchester
Leif Wenar, University of Sheffield
Leslie Green, Oxford University
Susan Mendus, University of York
Alan Ryan, Oxford University

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