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Hart's Postscript Jules L. Coleman (Professor of Law, Professor of Law, Yale Law School)

Hart's Postscript By Jules L. Coleman (Professor of Law, Professor of Law, Yale Law School)

Hart's Postscript by Jules L. Coleman (Professor of Law, Professor of Law, Yale Law School)


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Summary

In The Postscript to The Concept of Law, many leading legal philosophers evaluate the success of Herbert Hart's responses to Ronald Dworkin. Notable contributors include Joseph Raz of Oxford University and Jules L. Coleman of the Yale Law School.

Hart's Postscript Summary

Hart's Postscript: Essays on the Postscript to `The Concept of Law' by Jules L. Coleman (Professor of Law, Professor of Law, Yale Law School)

Published posthumously, the second edition of The Concept of Law contains one important addition to the first edition, a substantial Postscript, in which Hart reflects upon some of the central concerns that have been expressed about the book since its publication in 1961. The Postscript is especially noteworthy because it contains Hart's only sustained response to the objections pressed by his foremost critic, Ronald Dworkin, who succeeded him to the Chair of Jurisprudence at Oxford. The Postscript focuses on a range of issues covering both Hart's substantive view and his methodological commitments. In particular, Hart endorses Inclusive Legal Positivism, asserts that his is a methodology of descriptive jurisprudence which he contrasts with Dworkin's normative jurisprudence or interpretivism, while denying that his theory of law has a semantic underpinning. The essays in this collection address each of these issues in a sustained way. The book contains discussions of Hart's semantic commitments, his rejection of a normative jurisprudence as well as the extent to which he can embrace Inclusive Legal Positivism in a way that is consistent with his other stated positions. The book's contributors include the leading advocates of alternative schools of Positivist jurisprudence, important contributors to the methodogical disputes in jurisprudence and noted experts on the relationship of philosophy of language to jurisprudence. Among the contributors of note are: Joseph Raz, Jules L. Coleman, Stephen Perry , Brian Leiter, Scott Shapiro and Andrei Marmor.

Hart's Postscript Reviews

'This is perhaps the best critical assesment of H.L.A. Hart's semi-sociological description of law and an important contribution to Anglo-Amercian jurisprudence' Solomon Salako Senior Lecturer, Law Liverpool John Moore's University

About Jules L. Coleman (Professor of Law, Professor of Law, Yale Law School)

Jules Coleman is Professor of Law at Yale Law School

Table of Contents

Introduction ; 1. Two Views of the Nature of The Theory of Law: A Partial Comparison ; 2. Herbert Hart and the Semantic Sting ; 3. Hart's Semantics ; 4. Incorporationism, Conventionality and the Practical Difference Thesis ; 5. Hart's Way Out ; 6. Legal Conventionalism ; 7. The Model of Social Facts ; 8. Law's Claim of Legitimate Authority ; 9. Hart's Methodological Positivism ; 10. Realism, Hart Positivism, and Conceptual Analysis ; 12. Normative (or Ethical) Positivism ; Index

Additional information

NLS9780199243624
9780199243624
019924362X
Hart's Postscript: Essays on the Postscript to `The Concept of Law' by Jules L. Coleman (Professor of Law, Professor of Law, Yale Law School)
New
Paperback
Oxford University Press
2001-05-31
462
N/A
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