Cover

pdf iconDownload PDF
 

Title Page, Copyright

pdf iconDownload PDF

pp. i-iv

Contents

pdf iconDownload PDF

pp. v-viii

read more

Introduction

pdf iconDownload PDF

pp. 1-11

In the early summer of 2008, California highways were dotted with electronic signposts displaying the following message: “Hands Free Phone, July 1st, It’s The Law!” California drivers would have known exactly what the signposts referred to: Earlier that year, a new law was enacted by the California legislature that...

read more

CHAPTER ONE: A Pure Theory of Law?

pdf iconDownload PDF

pp. 12-34

In philosophy, as in other disciplines, we often try to explain one kind of things in terms of another. Generally, this is what a theoretical explanation amounts to. If we manage to provide an explanation of a certain aspect of the world that seems problematic, in terms of some other aspect that is less problematic, we will...

read more

CHAPTER TWO: Social Rules at the Foundations of Law

pdf iconDownload PDF

pp. 35-59

Kelsen’s influence on H.L.A. Hart’s seminal work in legal philosophy, The Concept of Law, might not be readily apparent to a casual reader. A substantial part of the book is devoted to a detailed criticism of John Austin’s command theory of law, while Kelsen’s work is hardly mentioned. In this chapter I want to show...

read more

CHAPTER THREE: Authority, Conventions, and the Normativity of Law

pdf iconDownload PDF

pp. 60-83

In this chapter I would like to complete the outlines of a plausible version of legal positivism. The chapter is composed of two parts. In the first section I will discuss some of Joseph Raz’s ideas about the nature of practical authority and the implications of his views about the normativity of law. In the second section I will...

read more

CHAPTER FOUR: Is Law Determined by Morality?

pdf iconDownload PDF

pp. 84-108

The idea that the law consists of authoritative directives has been met with considerable skepticism over the last few decades. Many legal philosophers have argued that the overall content of the law is much more diverse than content that is communicated by legal authorities. In particular, it has been argued that moral...

read more

CHAPTER FIVE: Is Legal Philosophy Normative?

pdf iconDownload PDF

pp. 109-135

H.L.A. Hart famously characterized his theory about the nature of law as “descriptive and morally neutral.”1 Hart, like previous legal positivists such as John Austin and Hans Kelsen,2 thought that a philosophical account of the nature of law should strive to avoid moralizing of any kind, and should aim at an explanation...

read more

CHAPTER SIX: The Language of Law

pdf iconDownload PDF

pp. 136-160

The important role that philosophy of language plays in articulating certain aspects of law has been well recognized by H.L.A. Hart. Throughout his writings, Hart made it very clear that he sees an understanding of language as central to his method of understanding law.1 Some critics have misunderstood...

Bibliography

pdf iconDownload PDF

pp. 161-166

Index

pdf iconDownload PDF

pp. 167-172