The Concept of Law and Political Philosophy

Abstract

H.L.A. Hartʼs "The Concept of Law" is, of course, primarily a work of legal philosophy. It is indeed the most influential work of legal philosophy in the English language (and perhaps in any language) published during the twentieth century. However, the immense importance of the book for philosophers of law should not prevent readers from discerning its importance for political and moral philosophers as well. Hartʼs insights into the nature of law and sovereignty are themselves of great significance for political philosophy, and the second half of "The Concept of Law" contains ruminations on justice and on the relationships between law and morality that deserve attention from anyone who aspires to think clearly about the problems of political philosophy.

In a short compass, this paper -- written for the "Oxford Handbook of Classics in Political Theory" -- seeks to underscore the import of Hartʼs classic text for theorists who grapple with those problems.

Keywords: H.L.A. Hart, law, sovereignty, political obligation, John Austin, political philosophy, legal philosophy, justice

JEL Classification: K00, K4, K49