Definition and rule in legal theory : a reassessment of H.L.A. Hart and the Positivist tradition
著者
書誌事項
Definition and rule in legal theory : a reassessment of H.L.A. Hart and the Positivist tradition
B. Blackwell, 1987
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注記
Originally presented as the author's thesis (doctoral--Edinburgh University)
Bibliography: p. 275-278
Includes index
内容説明・目次
内容説明
H.L.A. Hart's "The Concept of Law" has had perhaps the most profound effect this century on the development of legal theory, laying the foundation for a theoretical construct that has become effectively "the" modern juristic orthodoxy. Robert Moles's book sets out to radically reinterpret Hart's thesis and the Positivist tradition. He argues that Harts's analysis is fundamentally flawed and, setting himself against a formalistic position shows how social, historical and intellectual contexts must play a fundamental part in legal understanding and justification. The author's conclusions have major implications for modern judicial law-making and legal codification by freeing them from the bonds of Hart's "rule-centred" concept. Legal theorists; political and social theorists; philosophers.
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