Chapter

Judging a Pioneer

AW Brian Simpson

in Reflections on 'The Concept of Law'

Published in print September 2011 | ISBN: 9780199693320
Published online January 2012 | e-ISBN: 9780191731983 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199693320.003.0007
Judging a Pioneer

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It is generally agreed that Hart's The Concept of Law ranks as a ‘classic’ contribution to analytical jurisprudence, whatever that is supposed to mean. There have been dissenting voices, but they have been few and far between. The mere fact that it this book still in print and selling after all these years must tell us something. There is of course a considerable secondary literature from critics of Hart's theory of law, but these critics take the original work seriously. There are, however, many legal academics who view the enterprise on which Hart was engaged as a complete waste of time and effort. This chapter, by addressing the question regarding why Hart wrote the book, discusses the Clarendon Law Series, the casebook system of legal education, the structure of The Concept of Law, Hart as philosopher, and the positive contributions of The Concept of Law and related writings.

Keywords: HLA Hart; The Concept of Law; jurisprudence; Clarendon Law Series; legal education

Chapter.  9847 words. 

Subjects: Jurisprudence and Philosophy of Law

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