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The Legacy of H.L.A. HartLegal, Political, and Moral Philosophy$
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Matthew H. Kramer, Claire Grant, Ben Colburn, and Antony Hatzistavrou

Print publication date: 2008

Print ISBN-13: 9780199542895

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199542895.001.0001

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The Legal Entrenchment of Illegality 1

The Legal Entrenchment of Illegality 1

Chapter:
(p.29) 2 The Legal Entrenchment of Illegality1
Source:
The Legacy of H.L.A. Hart
Author(s):

David Lyons

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199542895.003.0002

This chapter recounts a number of situations in the American South where legal officials persistently declined to impose penalties for certain crimes (committed against black people) even though the identities of the perpetrators of those crimes were generally known to the legal authorities. It adduces these harrowing facts of American history in order to question Hart's model of the ways in which the activities of legal officials sustain the existence of laws.

Keywords:   law, enforcement, racism, official complicity, legal positivism

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