By Luis Duarte d'Almeida, Andrea Dolcetti, James Edwards
ISBN-10: 1849463247
ISBN-13: 9781849463249
Greater than 50 years after it was once first released, HLA Hart's the concept that of legislations is still an important paintings of felony philosophy within the English-speaking global. during this quantity, written for either scholars and experts, thirteen major students glance afresh at Hart's nice publication. distinctive in layout, the booklet proceeds sequentially via the entire major rules within the notion of legislation, with each one contributor addressing a unmarried bankruptcy of Hart's publication and severely discussing its arguments in mild of next advancements within the box. 4 concluding essays verify the ongoing relevance for jurisprudence of the 'persistent questions' pointed out by means of Hart initially of the idea that of legislations. This ebook should be crucial interpreting for all these attracted to HLA Hart, in addition to all these attracted to felony philosophy extra ordinarily.
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Sample text
2 There, you will find a kindred tone of voice and the same longing for candour and clarity, which Jenifer Hart and HLA Hart shared as members of an English intelligentsia in the 1950s, when the English did not really think of themselves as having an intelligentsia. It was a different era, and in the sound of that era, the book is dated. But in the truths it states about the nature of law, it is not dated. 3 If you read the book you will find an elucidation of the nature of law, offered to you by a person who is striving for clarity.
Sometimes, lawmakers come out and express the general application of a rule both to a class of persons, and to a class of actions. 7 Of course, there are legally valid orders that are particular as to the conduct required, or as to the person to whom the order applies – an order that a defendant must pay damages in a specified amount, or a sentence of imprisonment against a particular person for an offence, or an anti-social behaviour order addressed to a particular person, prohibiting a class of conduct.
Like chairs, they can be badly made, and they can be put to bad purposes. And a community needs more than just a legal system. But here is a connection between law and morality: in order to accomplish the morally good purposes for which a legal system might be adopted and established and sustained, it is necessary (for example) to make general rules. A legal system needs to offer the modes of generality that the community needs for its governance. Here is Hart again, making his first point about the generality of law: A policeman orders a particular motorist to stop or a particular beggar to move on.