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Article
H.L.A. Hart and the Invention of Legal Philosophy
Comparative Research in Law & Political Economy
  • Dan Priel, Osgoode Hall Law School of York University
Research Paper Number
17/2011
Document Type
Article
Publication Date
2011
Keywords
  • H.L.A. Hart,
  • John Austin,
  • Jurisprudence,
  • Normativity
Abstract

In this essay I argue that in some sense legal philosophy, at least as the term is now understood among analytic jurisprudence in the Anglophone world, is to a large extent a creation of H.L.A. Hart. It is with him that the search for the concept of nature of law has been established as an independent object of inquiry that consciously tried to avoid moral or political questions. In framing the province of jurisprudence in this way Hart not only depart from the work of Thomas Hobbes and Jeremy Bentham, whose political commitments are well-known, but also from the seemingly much closer enterprise of John Austin. After demonstrating the difference between Austin's work and Hart's I criticize the direction legal philosophy has taken following Hart's lead.

Citation Information
Dan Priel. "H.L.A. Hart and the Invention of Legal Philosophy" (2011)
Available at: http://works.bepress.com/dan_priel/21/