The Concept of Law

A must-read for any and all law students (along with Dworkin's "Law's Empire"). Both are pre-eminent jurisprudence scholars of the 20th century.

One of the most important books written in the field of jurisprudence and legal philosophy. A must-read for anyone who wants to talk intelligently about the topic. Each of Dr. Hart's chapters has been the springboard for entire areas of discussion since its publication, such as law as a system of rules, the separation of law and morality, etc. After you finish this book, read Prof. Dworkin's critique in "The Model of Rules," 35 Univ.Chi.L.Rev. 14 (1967) (excerpted in "The Philosophy of Law") and Prof. Dworkin's "Taking Rights Seriously" to see how Hart's theories have affect jurisprudential scholarship since the publication of this text in 1961. Again, if one had to select the top thinkers in the field, it's Austin, Hart, and Dworkin.

Hart insists that there are many differen kinds of rules - he only 'elucidetes social rules' -but he also accepts that not all legal rules are social rules. What then are they? The foundation of his account of a social rule is an aspect of the form of life (vide Wittgenstein) underlying the use of language - but it is life without the multiplicity of activity at any one time and without conflict.