[Clarendon Law 01] • The Concept of Law by Hart, H.L.A. -- Read -- Imperial Library of Trantor

Index

Title Page Copyright Page Dedication Contents Introduction, by Leslie Green

1. Hart’s Message 2. Law as a Social Construction 3. Law and Power 4. Law and Morality 5. Fact, Value, and Method 6. The Point

I. Persistent Questions

1. Perplexities of Legal Theory 2. Three Recurrent Issues 3. Definition

II. Laws, Commands, and Orders

1. Varieties of Imperatives 2. Law as Coercive Orders

III. The Variety of Laws

1. The Content of Laws 2. The Range of Application 3. Modes of Origin

IV. Sovereign and Subject

1. The Habit of Obedience and the Continuity of Law 2. The Persistence of Law 3. Legal Limitations on Legislative Power 4. The Sovereign Behind the Legislature

V. Law as the Union of Primary and Secondary Rules

1. A Fresh Start 2. The Idea of Obligation 3. The Elements of Law

VI. The Foundations of A Legal System

1. Rule of Recognition and Legal Validity 2. New Questions 3. The Pathology of a Legal System

VII. Formalism and Rule-Scepticism

1. The Open Texture of Law 2. Varieties of Rule-Scepticism 3. Finality and Infallibility in Judicial Decision 4. Uncertainty in the Rule of Recognition

VIII. Justice and Morality

1. Principles of Justice 2. Moral and Legal Obligation 3. Moral Ideals and Social Criticism

IX. Laws and Morals

1. Natural Law and Legal Positivism 2. The Minimum Content of Natural Law 3. Legal Validity and Moral Value

X. International Law

1. Sources of Doubt 2. Obligations and Sanctions 3. Obligation and the Sovereignty of States 4. International Law and Morality 5. Analogies of Form and Content

Postscript Introductory

1. The Nature of Legal Theory 2. The Nature of Legal Positivism 3. The Nature of Rules 4. Principles and the Rule of Recognition 5. Law and Morality 6. Judicial Discretion

Notes Notes to the Third Edition Index Footnotes

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