The Concept of Law (Clarendon Law) (Clarendon Law Series)

Product Information

for rejecting this interpretation, the fundamental of them being that Austin fails to take into account Leslie Green, Professor of the Philosophy of Law, University of Oxford, Edited by Joseph Raz, Research Professor, University of Oxford and Research Professor, Columbia University Law School, and Penelope A. Bulloch, Balliol College, University of Oxford Hart strongly influenced the application of methods in his version of Anglo-American positive law to jurisprudence and the philosophy of law in the English-speaking world. Influenced by John Austin, Ludwig Wittgenstein and Hans Kelsen, Hart brought the tools of analytic, and especially linguistic, philosophy to bear on the central problems of legal theory. Find sources: "Concept of Law"Hart– news · newspapers · books · scholar · JSTOR ( November 2023) ( Learn how and when to remove this template message) Marshall, Richard (2012-07-06). "The Endless Search For Truth: Richard Marshall interviews Andrei Marmor". 3:AM Magazine. Archived from the original on 8 June 2019 . Retrieved 19 September 2013.

Jurisprudence is a name given to a certain type of investigation into law, an investigation of an abstract, general and theoretical nature which seeks to lay bare the essential principles of law and legal systems. The word ‘jurisprudence’ has been derived from a Latin word jurisprudentia which means ‘knowledge of law’. ‘Juris’ means law and ‘prudentia’ means skill or knowledge. Thus, jurisprudence signifies knowledge of law and its application.[1] Jurisprudence is the study of fundamental legal principles. Different jurists have given different definitions of the term jurisprudence as per follows:- also enable private individuals to create rights and obligations in the form of wills, contracts and so on. According to Hart, the presence of an obligation binding on an individual implies the fact that there are rules imposing such. However, not all rules impose an obligation, and Hart gives the example of the rules of etiquette [4]. that deviation or non-conformity for rules is the REASON for applying the sanction and not the otherHart believed law is the union of primary rules (rules of conduct) and secondary rules (empowering rules). [12] [13] Primary rules [ edit ] The descriptive nature of Hart’s concept of legal obligation does not make it inadequate instead, it aids Hart’s analysis. Due to its descriptive nature, Hart’s account takes care of the controversy present in the positivism: those who are subject to a legal system have an obligation to obey unjust laws [21]. They may still have a legal obligation to obey that law, however, they do not have to. By separating law and morality, Hart makes it possible for an individual to recognise a morally objectionable rule and to not obey that rule, a feature that was not present in previous accounts provided by positivists such as Austin. As Hart stated, if a rule is so morally wrong, individuals in a community do not have to obey the rule [22]. Joseph Raz has been teaching at Oxford University since 1972. He has been Professor of the Philosophy of Law there since 1985, and Research Professor since 2006; he has also been Professor at Columbia University since 2002. He is a Fellow of the British Hart points out that as per Austin; an obligation has been defined not in terms of subjective and varying Firstly, according to J.C. Smith [23], Hart's analysis ends up being similar to an Austinian account of a sanction-based theory of obligation. Smith states that:

analytical account of how the law has developed), and descriptive sociology (looking at the nature of However, Hill may be wrong in his argument, according to Barry Hoffmaster [34]. His view is that every legally valid rule imposes an obligation, however, in a Hartian legal system, there are also power-conferring rules and laws such as the Human Rights Act 1998. In addition, Hart clearly objected to the view that legal validity leads to obligation [35], individuals may have a legal obligation to obey the law however they do not have to follow it. An example of such is: individuals do not have to obey morally iniquitous rules such as the ones in the Nazi regime. This can be one of the reasons that lead Hart to introduce the general idea of obligation. Hart is presenting a wider notion of law, one that allows separating the questions of the legal validity of a rule and the morality of a rule. Because of such separation, people are more likely to resist morally iniquitous laws. Hart’s concept of legal obligation is adequate since it provides an instrument that would let people decide when they do not have to follow the legal obligation they have, for the better. ii) Persistence of laws long after the sovereign and those who rendered him habitual obedience have

More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. justification. This brings in a circularity which requires but does not receive any further clarification or This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed.

individual legislators, it is natural to use expressions like the ͚ƌƵle of ƐƵcceƐƐion͕͛ ͚ƚiƚle͕͛ ͚ƌighƚ legal to legal. [Three types of secondary rules; Rules of change, Rules of adjudication and the rule of rules of obligation with secondary rules. It is this very union that will take the society from being pre-that individuals have of being bound themselves and want others to experience the same feelings too. In the day-to-day life of a legal system its rule of recognition is seldom expressly formulated as a rule. The Rule of Adjudication, the rule by which the society might determine when a rule has been violated and prescribe a remedy.