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Vol 23 No 2 Feb/March 2018

Book of the Month

Cover of The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

Edited by: Daniel Clarry
Price: £120.00

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The Legacy of H.L.A. Hart: Legal, Political and Moral Philosophy

Edited by: Matthew Kramer, Claire Grant, Ben Colburn, Hatzistavrou

ISBN13: 9780199542895
Published: August 2008
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £96.00

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This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century.

The book brings together contributions from eighteen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were tackled by Hart, some essays including extended critical discussions of his major works: The Concept of Law , Punishment and Responsibility , Causation in the Law and Law, Liberty and Morality .

All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law.

  • Presents original enquiries into a broad range of central issues in legal and political philosophy, including theories of rights, justice, liberalism, causation and criminal responsibility
  • Contributors include the leading figures in the field, such as Jeremy Waldron, John Finnis, Neil MacCormick, Philip Pettit, Antony Duff and John Gardner
  • Represents the most thorough examination available of the influence of H.L.A. Hart's work on current legal and political philosophy

Part I: General Legal Philosophy
1. On Hart's Ways: Law as Reason and as Fact , John Finnis
2. The Legal Entrenchment of Illegality , David Lyons
3. Jurisprudence after Hart , Sir Neil MacCormick
4. The Social Foundations of Sovereignty , Gerald Postema
5. Hart and the Rule of Law , Jeremy Waldron
6. Legality, Morality, and the Guidance Function of Law , W.J. Waluchow

Part II: Criminal Responsibility and Punishment
7. Responsibility and Liability , Antony Duff
8. Hart on Responsibility , John Gardner

Part III: Causation in the Law
9. Some Reflections on Causation in the Law , Judith Jarvis Thomson
10. The Nightmare and the Noble Dream: Causation and Responsibility , Richard Wright

Part IV: Theories of Justice
11. Justice, Fairness, and Hart , Brad Hooker
12. Liberty and Liberties , Philip Pettit

Part V: Theories of Rights
13. Rights and Non-existence , Cécile Fabre
14. Are There Still Any Natural Rights? , Hillel Steiner
15. The Nature of the Claim , Leif Wenar

Part VI: Toleration and Liberty
16. Tolerance and Understanding , Leslie Green
17. Private Faces in Public Places , Susan Mendus
18. Liberty, Privacy, and Cruelty , Alan Ryan