Jump to ContentJump to Main Navigation
Essays in Jurisprudence and Philosophy$
Users without a subscription are not able to see the full content.

H. L. A. Hart

Print publication date: 1983

Print ISBN-13: 9780198253884

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198253884.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 11 December 2018

1776–1976: Law in the Perspective of Philosophy

1776–1976: Law in the Perspective of Philosophy

(p.145) Essay 5 1776–1976: Law in the Perspective of Philosophy
Essays in Jurisprudence and Philosophy

H. L. A. Hart

Oxford University Press

This chapter provides a discussion on law with the perspective of philosophy. The liveliest and most interesting modern writings in political and legal theory contain frank and fundamental challenges to Bentham's thought about law and politics. This chapter takes two examples of new ideas and raises the question of whether it should do well to regard them in terms of disposing of Bentham's thought in these fields. In his attack in 1776 on the Declaration of Independence Bentham talked as if the concept of a non-positive right, that is one not created by the law or social custom, was coherent and not self-contradictory, though his own view was that it was indeed self-contradictory and a species of nonsense. This chapter addresses a modern challenge to the legal positivism inherited from Bentham. It considers, very briefly, one aspect of this modern challenge: namely the new form of the old indictment that the positivist has misrepresented the nature of the judicial process. In general, there is much unfinished business in the future of law and philosophy.

Keywords:   philosophy of law, political theory, legal theory, Bentham, legal positivism, Declaration of Independence

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .