In Defence of the Concept of Law

Abstract

Since its first publication in 1961, H. L. A. Hart’s “The Concept of Law” has been at the forefront of debates in legal theory and philosophy. However, its influence has waned in the face of fierce and determined criticism from the likes of Ronald Dworkin and Joseph Raz. Alongside these well-worn arguments, new challenges have recently emerged in the form of Mark Greenberg’s award-winning work “How Facts Make Law”. Similarly, new challenges to the metaphysics and epistemology of doing legal theory have emerged, particularly well articulated in the work of Hillary Nye. This book discusses these old and new critiques in relation to Hart’s theory and offers a rigorous defence.