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Law, Liberty, and Morality
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Law, Liberty, and Morality

3.84 of 5 stars 3.84  ·  rating details  ·  64 ratings  ·  1 review
"The three lectures collected in this slim but important volume resume a controversy that has been one of the recurrent themes of legal philosophy: is it the function of law to enforce the moral convictions of a community, or is the function of law a more limited one..." W. Friedmann, Natural Law Forum
Paperback, 96 pages
Published June 1st 1963 by Stanford University Press
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Chris
Hart defends JS Mill's proposal that laws regulating "self-regarding" vices ought to be abolished, pushing back against a fairly unconvincing argument by Lord Devlin and a much stronger one by James Fitzjames Stephen. Stephen claims that morality is largely upheld by cultural norms, and that these norms need the support of law to be sustained to any productive purpose.

Hart's response to Stephen rested on an empirical claim:

"in any full investigation of the part played by legal prohibition in sus
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Herbert Lionel Adolphus Hart (18 July 1907-19 December 1992) was an influential legal philosopher of the 20th century. He was Professor of Jurisprudence at Oxford University and the Principal of Brasenose College, Oxford. He authored The Concept of Law and made major contributions to political philosophy.
More about H.L.A. Hart...
The Concept of Law (Clarendon Law Series) Essays In Jurisprudence And Philosophy Punishment And Responsibility: Essays In The Philosophy Of Law Causation in the Law Law, Morality, and Society: Essays in Honor of H.L.A. Hart

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