Jump to ContentJump to Main Navigation
Essays in Jurisprudence and Philosophy$
Users without a subscription are not able to see the full content.

H. L. A. Hart

Print publication date: 1983

Print ISBN-13: 9780198253884

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198253884.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 October 2021

Definition and Theory in Jurisprudence

Definition and Theory in Jurisprudence

Chapter:
(p.21) Essay 1 Definition and Theory in Jurisprudence
Source:
Essays in Jurisprudence and Philosophy
Author(s):

H. L. A. Hart

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198253884.003.0002

This chapter discusses the relevance of linguistic philosophy to the philosophy of law and jurisprudence. The perplexities discussed are voiced in those questions of analytical jurisprudence which are usually characterized as requests for definitions: What is law? What is a State? What is a right? What is possession? The chapter uses as a simple analogy of the rules of a game which at many vital points have the same puzzling logical structure as rules of law. It also describes four distinctive features which show the method of elucidation to be applied to the law and why the common mode of definition fails. It is only since philosophical attention has turned towards language that the general features of that style of human thought and discourse which is concerned with rules and their application to conduct has emerged.

Keywords:   linguistic philosophy, philosophy of law, jurisprudence, theory, conduct, rules

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .