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Analytic Jurisprudence Established

LEGAL PHILOSOPHY IN THE TWENTIETH CENTURY: THE COMMON LAW WORLD, G. J. Postema & Enrico Pattaro, eds., Springer, 2011

UNC Legal Studies Research Paper No. 1999078

37 Pages Posted: 5 Feb 2012  

Gerald J. Postema

University of North Carolina - Philosophy and Law

Date Written: August 1, 2011

Abstract

“Analytic Jurisprudence Established” is Chapter 1 of Legal Philosophy in the Twentieth Century: The Common Law World (Springer, 2001). The book tells a critical history of Anglophone general jurisprudence and legal philosophy in the twentieth century as a tale of two Boston lectures, separated by sixty years, and their respective legacies: Holmes’s “Path of Law” (1897) and Hart’s Holmes Lecture “Positivism and the Separation of Law and Morals” (1958). This opening chapter sketches the developments of British jurisprudence from Austinians in the late nineteenth century through Salmond to Glanville Williams in the mid-twentieth century. In this remarkable story, most of the familiar doctrines elegantly articulated and defended in Hart’s Concept of Law are anticipated, including his pivotal doctrine of the rule of recognition. Also in this period we find roots of the distinctive methodological commitments of analytic jurisprudence evident throughout the twentieth century and into the twenty-first, along with searching critiques of them. It is a story of surprisingly rich ideas in embryo that matured only with debates over Hart’s seminal work in the last third of the century. Bibliographical references are available upon request of the author.

Keywords: Analytic Jurisprudence, Austin, Dicey, Hart, Positivism, Oakeshott, Salmond, Sovereignty, Rule of Recognition

Suggested Citation

Postema, Gerald J., Analytic Jurisprudence Established (August 1, 2011). LEGAL PHILOSOPHY IN THE TWENTIETH CENTURY: THE COMMON LAW WORLD, G. J. Postema & Enrico Pattaro, eds., Springer, 2011; UNC Legal Studies Research Paper No. 1999078. Available at SSRN: https://ssrn.com/abstract=1999078

Gerald J. Postema (Contact Author)

University of North Carolina - Philosophy and Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

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