The Legacy of H.L.A. Hart: Legal, Political and Moral Philosophy
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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. Preface Table of Contents List of Contributors Introduction • Matthew H Kramer and Claire Grant I. LEGAL POSITIVISM AND GENERAL JURISPRUDENCE 1. On Hart’s Ways: Law as Reason and as Fact • John Finnis 2. The Legal Entrenchment of Illegality • David Lyons 3. Conformity, Custom, and Congruence: Rethinking the Efficacy of Law • Gerald J Postema 4. Hart and the Principles of Legality • Jeremy Waldron 5. Legality, Morality, and the Guiding Function of Law • W J Waluchow II. CRIMINAL RESPONSIBILITY AND PUNISHMENT 6. Responsibility and Liability in Criminal Law • R A Duff 7. Hart and Feinberg on Responsibility • John Gardner III. CAUSATION IN THE LAW 8. Some Reflections on Hart and Honoré, Causation in the Law • Judith Jarvis Th omson 9. The Nightmare and the Noble Dream: Hart and Honoré on Causation and Responsibility • Richard W Wright IV. JUSTICE 10. Fairness, Needs, and Desert • Brad Hooker 11. The Basic Liberties • Philip Pettit V. RIGHTS 12. Posthumous Rights • Cécile Fabre 13. Are Th ere Still Any Natural Rights? • Hillel Steiner 14. The Analysis of Rights • Leif Wenar VI. TOLERATION AND LIBERTY 15. On Being Tolerated • Leslie Green 16. Private Faces in Public Places • Susan Mendus 17. Hart and the Liberalism of Fear • Alan Ryan Bibliography of Works Cited Index
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