The rule of law has been considered as one of the key dimensions that determine the quality and good governance of a country. In France and Germany the concepts of rule of law Etat de droit and Rechtsstaat respectively are analogous to the principles of constitutional supremacy and protection of fundamental rights from public authorities see public lawparticularly the legislature.
His father was a prosperous Jewish tailor of German and Polish origin; his mother, of Polish origin, daughter of successful retailers in the clothing trade, handled customer relations and the finances of their firm.
Hart had an elder brother, Albert, and a younger sister, Sybil. He took a Congratulatory First in Classical Greats in Hart worked at Bletchley Park and was a colleague of the mathematician and codebreaker Alan Turing. Another incident of life at Blenheim which Hart enjoyed recounting was that he shared an office with one of the famous Cambridge spies, Anthony Blunta fellow member of MI5.
Hart wondered which of the papers on his desk Blunt had managed to read and to pass on to his Soviet controllers. Hart did not return to his legal practice after the War, preferring instead to accept the offer of a teaching fellowship in philosophy, not Law at New College, Oxford.
Austin as particularly influential during this time. He was president of the Aristotelian Society from to In fact her work as civil servant was in fields such as family policy and so would have been of no interest to the Soviets.
Nor was her husband in a position to convey to her information of use, despite vague newspaper suggestions, given the sharp separation of his work from that of foreign affairs and its focus on German spies and British turncoats rather than on matters related to the Soviet ally.
In fact, Hart was anticommunist. The marriage contained "incompatible personalities", though it lasted right to the end of their lives and gave joy to both at times. Jenifer published her memoirs under the title Ask Me No More in The Harts had four children, including, late in life, a son who was disabled, the umbilical cord wrapped around his neck having deprived his brain of oxygen.
The boy was, despite his handicap, capable of remarkable observations on occasion. As a philosopher, Hart had long been interested in the mind-body problemand he was thus in some sense professionally interested in his son, as well as emotionally invested, if only because his child was first-hand proof of the complex and unpredictable nature of the relationship between mind and body.
The description appears in her book The Spiral Staircase. He subsequently became Principal of Brasenose College, Oxford. Hart died in Oxford inaged He is buried there in Wolvercote Cemetery.
Hart also had a strong influence on the young John Rawls in the s, when Rawls was a visiting scholar at Oxford shortly after finishing his PhD. Also, conspicuously, Peter Hackerwho took his D. Philosophical method[ edit ] Hart strongly influenced the application of methods in his version of Anglo-American positive law to jurisprudence and the philosophy of law in the English-speaking world.
Influenced by John AustinLudwig Wittgenstein and Hans KelsenHart brought the tools of analytic, and especially linguistic, philosophy to bear on the central problems of legal theory.
Significant in the differences between Hart and Kelsen was the emphasis on the British version of positive law theory which Hart was defending as opposed to the Continental version of positive law theory which Kelsen was defending. This was studied in the University of Toronto Law Journal in an article titled "Leaving the Hart-Dworkin Debate" which maintained that Hart insisted in his book The Concept of Law on the expansive reading of positive law theory to include philosophical and sociological domains of assessment rather than the more focused attention of Kelsen who considered Continental positive law theory as more limited to the domain of jurisprudence itself.
In the paper on international law, he sharply attacked the many jurists and international lawyers who had debated whether international law was "really" law.
This approach was to be refined and developed by Hart in the last chapter of The Concept of Lawwhich showed how the use in respect of different social phenomena of an abstract word like law reflected the fact that these phenomena each shared, without necessarily all possessing in common, some distinctive features.
Glanville had himself said as much when editing a student text on jurisprudence and he had adopted essentially the same approach to "The Definition of Crime". The book emerged from a set of lectures that Hart began to deliver inand it is presaged by his Holmes lecture, Positivism and the Separation of Law and Morals, delivered at Harvard Law School.
The Concept of Law developed a sophisticated view of legal positivism. Among the many ideas developed in this book are: A distinction between primary and secondary legal rules, such that a primary rule governs conduct, such as criminal law, and secondary rules govern the procedural methods by which primary rules are enforced, prosecuted and so on.
Hart specifically enumerates three secondary rules; they are: The Rule of Recognitionthe rule by which any member of society may check to discover what the primary rules of the society are. In a simple society, Hart states, the recognition rule might only be what is written in a sacred book or what is said by a ruler.
The Rule of Change, the rule by which existing primary rules might be created, altered or deleted. The Rule of Adjudication, the rule by which the society might determine when a rule has been violated and prescribe a remedy. A concept of "open-textured" terms in law, along the lines of Wittgenstein and Waisman, and "defeasible" terms later famously disavowed: As a result of his famous debate with Patrick Devlin, Baron Devlinon the role of the criminal law in enforcing moral norms, Hart wrote Law, Liberty and Moralitywhich consisted of three lectures he gave at Stanford University.
He also wrote The Morality of the Criminal Law Despite this, Hart reported later that he got on well personally with Devlin. Hart considered himself to be "on the Left, the non-communist Left", and expressed animosity towards Margaret Thatcher.Source for information on Law and Religion: Law, Religion, and Morality: Encyclopedia of Religion dictionary.
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The Authority of Law Essays on Law and Morality.
Second Edition. Joseph Raz. A classic work, widely influential and still frequently cited, essential reading for all scholars and students of legal philosophy.
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The Western Case for Monogamy over Polygamy John Witte, Jr. ∗ Robert W. Woodruff Professor of Law; Alonzo L.
McDonald Distinguished Professor; Director of the Center for the Study of Law and Religion, Emory University. This Article is drawn in large part from John Witte, Jr., The Western Case for Monogamy over Polygamy () and is used here with the permission of the.
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