4.41/5
Author: HLA Hart, Leslie Green
Publication Date: Dec 29, 2012
Formats: PDF,Paperback,Kindle,Hardcover
Rating: 4.41/5 out of 1034
Publisher: American Psychological Association / Oxford University Press
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Jul 26, 2013
Interesting Quotes:Jun 14, 2019
A good example of how books that aim to be introductory can also be deeply insightful by clearly stating the basic problems at play. Hart convincingly argues that law should be seen as much more collaborative than a simple series of imperatives. This is important from a left perspective because many radical views of the state rest on surprisingly conservative notions of law as a mask for class repression. The potential for law to be a collective and democratic project seems unlikely in a crude A good example of how books that aim to be introductory can also be deeply insightful by clearly stating the basic problems at play. Hart convincingly argues that law should be seen as much more collaborative than a simple series of imperatives. This is important from a left perspective because many radical views of the state rest on surprisingly conservative notions of law as a mask for class repression. The potential for law to be a collective and democratic project seems unlikely in a crude command theory wed to class repression but makes sense if law is produced through diverse social processes. ...moreSep 02, 2008
I think this book is an enthralling read, though when I say that to other people they tend to laugh at me. It's, of course, the definitive modern statment of legal positivism. A laser sharp critique of Austinian positivism and an attractive theory of law as positive legal authority constrained by "rules" which extend beyond individual authorities. Hart's theory makes room for democratic style legislative authorities without falling into either a "naturalism/moralism" about rules or a "commands I think this book is an enthralling read, though when I say that to other people they tend to laugh at me. It's, of course, the definitive modern statment of legal positivism. A laser sharp critique of Austinian positivism and an attractive theory of law as positive legal authority constrained by "rules" which extend beyond individual authorities. Hart's theory makes room for democratic style legislative authorities without falling into either a "naturalism/moralism" about rules or a "commands backed by threats of force" positivism. ...moreJul 08, 2017
I read this book in the last year of my law degree, after I had read all the course books and was busy revising. It didn't actually directly add to my exam preparations (I still passed), as the exams were concerned with the application of the law. But I found it a great way to unwind between sessions of learning case law by rote, and it was strangely therapeutic to read Hart's masterly and magisterial presentation of the very meaning of law. As such it isn't so much a legal textbook as a work of I read this book in the last year of my law degree, after I had read all the course books and was busy revising. It didn't actually directly add to my exam preparations (I still passed), as the exams were concerned with the application of the law. But I found it a great way to unwind between sessions of learning case law by rote, and it was strangely therapeutic to read Hart's masterly and magisterial presentation of the very meaning of law. As such it isn't so much a legal textbook as a work of philosophy, and I would certainly recommend it to anyone who wants quite read, something different that will carry them away to a country lawyer's office. A place where they can indulge in quiet English pursuits as the world passes by. ...moreMay 21, 2011
As seminal as seminal gets. Whether you agree with Hart or not, this book pulled the field of jurisprudence out from the stodgy debate of 'nature law vs. man's law' and introduced the wonderful insights of analytic and ordinary language philosophy to a generation of legal academics. And most impressively, Hart pretty much nailed this sophisticated form of positivism in one shot. Haven't been many major improvements since. (Oh, and... highly readable prose, unlike most of the stuff you'll find in As seminal as seminal gets. Whether you agree with Hart or not, this book pulled the field of jurisprudence out from the stodgy debate of 'nature law vs. man's law' and introduced the wonderful insights of analytic and ordinary language philosophy to a generation of legal academics. And most impressively, Hart pretty much nailed this sophisticated form of positivism in one shot. Haven't been many major improvements since. (Oh, and... highly readable prose, unlike most of the stuff you'll find in academia.) ...moreJul 26, 2008
A defense of what is known as "soft positivism". I will write more later. Now I have to go to the bathroom.Apr 07, 2007
seminal work in the philosophy of law-- legal positivism. the important insight is that there's nothing at the bottom of it all-- no transcendent principles waiting to be uncovered, but custom, habit, and the contingent values of human beings.Dec 23, 2012
At first I was not very excited by the tremendous simplification and generality but ultimately the force of Hart's arguments and the sometimes way that he playfully examines it ultimately yields a good examination of fundamental concepts. Or are they? There seems to be no right or wrong on this, as much as there are a series of models of which Hart's is one.Nov 20, 2019
pretty interesting stuff, but there were barely any laws in it. not sure how a lawyer or judge would go about applying any of it.Aug 11, 2008
Everyone has to read it sometime, but it turns out it's worth it!Jun 15, 2016
A must read for all law students.Dec 17, 2013
It was difficult in the beginning but being that it was compulsory, I had to continue to the end. It was required for my LLB degree. I finally understood as I advanced. All law students should read this book.Mar 27, 2011
Disappointing. I sort of like the distinction between primary and secondary rules, but how secondary rules are established and receive recognition is not explained, largely because it is a ploy to explain why primary rules receive recognition. Everything else falls apart and I couldn't even tell you what it is Hart is trying to say.Jan 23, 2011
One of the better philosophy books I have read, I still find that I am not that big of a fan of philosophy. It did a great job of putting legal theory in easy to understand concepts, although ultimately I didn't find his refutation of Austinian legal theory completely convincing. Still, it was an interesting book.Apr 23, 2008
Really quite excellent refutation of Austinian legal philosophy and a solid analytical framework. The prose is also exquisite despite the dedication to formal logical analysis.Feb 22, 2017
Leaving a review on this book is like embarking onto another jurisprudential course. Any succinct summary is open to criticism because of the differences in view.Oct 07, 2016
Appreciation and application of the entire Hartian paradigm involves more interpolation and interpretation of Hart than direct quotation from his writings.Sep 19, 2018
Not the easiest of reads but an essential book for fans of jurisprudence.Nov 22, 2018
Definitely the best read in my course on Jurisprudence - it was quite readable and very much a great read for a law student hoping to understand the legal system on a conceptual level.Mar 28, 2019
Illuminating, whether you agree with him or not. Arguments easy to follow.Oct 07, 2019
Definitely the necessary prolegemenon to all of the modern discussion on Legal Positivism. Read it, explore it, critique it, read Raz and Dworking, read it again. Not an exceptional book by itself, but the role it has served in legal philosophy is difficult to overstate.Apr 10, 2019
What a densely packed book. It’s really great. I loved the whole thing. The structure of the book was easy to follow, and Hart made really thought provoking arguments throughout. I enjoyed every minute of this!Jul 06, 2017
I read this as part of a faculty reading group. Important ideas, but a difficult read. Hart is a prominent jurisprudence scholar and this book is an essential part of the development of legal thought. I'm glad I read it and participated in discussions with my colleagues, but I'm sure the audience who might find it interesting and helpful is fairly limited.Aug 23, 2017
Hart's positivism is different from classical positivists in the sense that he doesn't simply insist that the concepts of law should he understood plainly in terms of factual, non-moral criteria and that legal system can be put to good uses or bad. According to Hart, law has a social purpose. The fact that some features happen to be common across all the legal systems is not just a coincidence. Hart concedes that they reveal some basic fundamental features of human race.Apr 02, 2019
There is a reason that this book is a pillar of contemporary legal thought. This book was magnificent from start to finish. The book begins with a criticism of Austinian legal positivism followed by Hart's formulation of a positive legal theory. The book ends with a defense of formalism, a criticism of the supposed necessary link between morality and law (a theory I personally subscribe to), and finally a defense of international law as law.Take your time and choose the perfect book.
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