圖書標籤: 法學 法律 Hart 法理學 哈特 法律實證主義 法律的概念 law
发表于2025-02-16
The Concept of Law pdf epub mobi txt 電子書 下載 2025
H L A Hart's The Concept of Law is the classic text for the study of jurisprudence and legal philosophy and is probably the most important work of legal philosophy written this century. This second edition is particularly valuable as it combines Hart's original text with a postscript, in which he responds to criticisms of his theory levelled by such notable scholars as Dworkin, Fuller and Finnis. Written by him but only discovered after his death, it has been ably edited by Joseph Raz and Penelope Bulloch of Balliol College, Oxford.
H.L.A. (Herbert) Hart (1907-1992)
was the son of a Jewish tailor of Polish and German descent. He was educated at Bradford Grammar School and New College Oxford, where he obtained a brilliant first class in Classical Greats. He practised at the Chancery Bar from 1932 to 1940 along with Richard (later Lord) Wilberforce. During the war, being unfit for active service, he worked in MI5. During this time his interests returned to philosophy and in 1945 he was appointed philosophy tutor at New College. He was strongly influenced by the linguistic philosophy then current in Oxford, but employed its techniques more constructively than did most members of the movement. In 1952, given his chancery background, he was persuaded by J.L. Austin to be a candidate for the Oxford chair of Jurisprudence when Professor Arthur Goodhart resigned. He was elected and held the chair until 1969.
From 1952 on he delivered the undergraduate lectures that turned into The Concept of Law (1961, posthumous second edition 1994). He also lectured on right and duties, but these lectures were never published. He held seminars with Tony Honoré on causation, leading to their joint work Causation in the Law (1959, second edition 1985). His visit to Harvard in 1956-7 led to his Holmes lecture on 'Positivism and the Separation of Law and Morals' (1958) and a famous controversy with Lon Fuller. Returning to the UK he engaged in an equally famous debate with Patrick (later Lord) Devlin on the limits within which the criminal law should try to enforce morality. Hart published two books on the subject, Law, Liberty and Morality (1963) and The Morality of the Criminal Law (1965). A wider interest in criminal law, stimulated by Rupert (later Professor Sir Rupert) Cross was signalled by his 'Prolegomenon to the Principles of Punishment' (1959). Nine of his essays on the criminal law were collected in Punishment and Responsibility (1968). In 1968 he was asked by Oxford University to chair a commission on relations with junior members, then at a low ebb, and produced a notably perceptive and constructive report.
Feeling that his powers were waning Hart resigned his chair in 1969, to be succeeded by Ronald Dworkin, a severe critic of his legal philosophy. He now devoted himself mainly to the study of Bentham, whom, along with Kelsen, he regarded as the most important legal philosopher of modern times. Ten of his essays were collected in Essays on Bentham (1982). From 1973 to 1978 he was Principal of Brasenose College. In his last years he was much concerned to find a convincing reply to Dworkin's criticisms of his version of legal positivism. A sketch of Hart's reply is to be found in the postscript to the second edition of The Concept of Law.
Hart's main aim as a lecturer and writer was to tell the truth and be clear. He was the most widely read British legal philosopher of the twentieth century and his work will continue to be a focus of discussion.
之前讀過法律齣版社兩位颱灣學者的譯作,讀完原版後還是發現瞭不少翻譯中存在的問題。Zum Beispiel, 兩位颱灣前輩將Primary Rule和Secondary Rule分彆翻譯為初級規則和次級規則,相對於原生規則和次生規則的翻譯,後者更加符閤Pro. Hart的原意。
評分看hart...很糾結。。。
評分這一刻期待已久......????
評分Love Hart !!! Easy and really impressive~ Inspiring but it's really fantastic to read Dworkin's attack as well~
評分常讀常新,還是原版好
平装 450 Pages ISBN-10: 957667607X ISBN-13: 9789576676079 出版社: 商周文化事業股份有限公司 出版日期: Aug 01, 2000
評分哈特《法律的概念》的框架和内容简介 哈特的《法律的概念》一书内容上十分丰富,他从反驳奥斯丁的“法律命令说”着手,分别从内容、适用范围、起源模式这三个方面,分析了法律与以威胁为后盾的命令的不同。在此基础上,哈特提出了他著名的“法律规则说”,即把法...
The Concept of Law pdf epub mobi txt 電子書 下載 2025