This is a collection of essays on themes of legal philosophy which have all been generated or affected by Hart's work. The topics covered include legal theory, responsibility, and enforcement of morals, with contributions from Ronald Dworkin, Rolf Sartorius, Neil MacCormach, David Lyons, Kent Greenawalt, Michael Moore, Joseph Raz, and C.L. Ten, among others.

This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two (...) great lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share. (shrink)

H. L. A. Hart; The Presidential Address: I—Prolegomenon to the Principles of Punishment, Proceedings of the Aristotelian Society, Volume 60, Issue 1, 1 June 196.

In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)

In this long-awaited work, Ray L. Hart offers a speculative theology that profoundly challenges traditional understandings of God. Drawing on a lifetime of reading in philosophy and religious thought, Hart unfolds a vision of God perpetually in process: an unfinished God. Breaking out of the classical doctrine of divine persons, Hart reimagines Trinity as composed of theogony, cosmogony, and anthropogony an emerging Godhead in relation to origins, temporal creation, and human existence. The book s ultimate import is (...) that all of Being and Nonbeing emerges together in interrelation and interdependence. This divine reality, Hart explains, is unfinished, imperfect, still in the course of a living-dying process that implicates all things, existent and inexistent, temporal and eternal. Doctrinal closuresomething that every orthodox theology requiresthus becomes impossible, and rightly so. Hart confronts those orthodoxies by asking: How can thinking of God reach closure when the divine is itself unfinished and its appearance to us always amounts to new creation? Hart s insights open the potencies of the nothing to the actualization of freedomthe freedom to create. That is, the nothing is not for nothingit is procreative. In the domain of radical speculative theology, then, Hart offers a fully deconstructive revisioning of the Christian God as ever an emerging and self-transfiguring actuality. It is a work with which all serious students of theology will wish to contend.". (shrink)

Offering the perspectives of some of the most respected thinkers in transpersonal psychology and consciousness studies, this book explores the farther reaches ...

Quelle différence y a-t-il entre des règles de droit et des ordres appuyés de menaces? Qu'est-ce qu'une obligation juridique et en quoi se trouve-t-elle apparentée à une obligation morale? Quelle est la nature des règles et dans quelle mesure le droit consiste-t-il en des règles? Qu'est-ce que la justice et en quoi diffère-t-elle du reste de la morale?Au cours d'une discussion approfondie et séparée de ces problèmes récurrents, l'auteur relève une série d'éléments d'une importance essentielle pour la compréhension du droit, (...) et réalise un nouveau départ dans la théorie du droit. L'ouvrage comporte une nouvelle analyse des notions de validité juridique, de souveraineté, et de fondement d'un système juridique, un nouvel examen du droit naturel et du positivisme juridique, une discussion originale des limites du formalisme dans l'élaboration de la décision judiciaire, et un examen de la nature du droit international.Le texte est complété par des notes bibliographiques détaillées et la discussion de thèses émises par des auteurs contemporains et plus anciens. Cette deuxième édition s'accompagne en outre d'une postface posthume, publiée sous la responsabilité de P.A. Bulloch et J. Raz. (shrink)

The objective of the study was to investigate the relationship between childhood IQ of parents and characteristics of their adult offspring. It was a prospective family cohort study linked to a mental ability survey of the parents and set in Renfrew and Paisley in Scotland. Participants were 1921-born men and women who took part in the Scottish Mental Survey in 1932 and the Renfrew/Paisley study in the 1970s, and whose offspring took part in the Midspan Family study in 1996. There (...) were 286 offspring from 179 families. Parental IQ was related to some, but not all characteristics of offspring. Greater parental IQ was associated with taller offspring. Parental IQ was inversely related to number of cigarettes smoked by offspring. Higher parental IQ was associated with better education, offspring social class and offspring deprivation category. There were no significant relationships between parental IQ and offspring systolic blood pressure, diastolic blood pressure, cholesterol, glucose, lung function, weight, body mass index, waist hip ratio, housing, alcohol consumption, marital status, car use and exercise. Structural equation modelling showed parental IQ associated with offspring education directly and mediated via parental social class. Offspring education was associated with offspring smoking and social class. The smoking finding may have implications for targeting of health education. (shrink)

In this synthesis, we summarize studies that yielded evidence of jealousy in young infants. To shed light on this phenomenon, we present evidence that jealousy’s foundation rests on history of dyadic interactions with caregivers which engender infants’ expectations of exclusivity, and on maturation of sociocognitive capacities that enable infants to evaluate whether an exchange between their caregiver and another child represents a violation of that expectation. We conclude with a call for greater study of the antecedents and sequelae of both (...) normative and atypical presentations of jealousy. In addition, we recommend approaches that address jealousy across a range of relationships, both within and beyond those which include attachment figures. (shrink)

We commend Redish et al. for the progress they have made in bringing a measure of theoretical order to the processes that underlie drug addiction. However, incorporating information about situations in which drug users do not exhibit faulty decision-making into the theory would greatly enhance its generality and practical value. This commentary draws attention to the relevant human substance abuse literature.