H.L.A. Hart and the Invention of Legal Philosophy
York University - Osgoode Hall Law School
September 28, 2011
Osgoode CLPE Research Paper No. 17/2011
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.
Number of Pages in PDF File: 19
Keywords: Jurisprudence, H.L.A. Hart, John Austin, Normativity
Date posted: September 29, 2011