Download A Life of H. L. A. Hart: The Nightmare and the Noble Dream by Nicola Lacey PDF

By Nicola Lacey

H.L.A. Hart used to be the pre-eminent criminal thinker of the 20th century. As a student he single-handedly reinvented the philosophy of legislations and revolutionized our figuring out of legislations as a social establishment. Hart's method of criminal philosophy used to be right now disarmingly basic and breathtakingly bold, combining the insights of the Utilitarian culture and the recent linguistic philosophy of J.L. Austin and Ludwig Wittgenstein. He sought to explain an idea of legislation that might be of relevance to all varieties of legislation, anyplace or every time they arose.

This e-book is either an highbrow and a mental biography, following his existence from modest origins because the son of Jewish tailor mom and dad in Yorkshire to world wide reputation because the such a lot influential English-speaking felony theorist of the post-War period. It strains his successive metamorphoses; from Yorkshire schoolboy to Oxford student, profitable barrister, intelligence officer, thinker, and, eventually, Professor of Jurisprudence at Oxford.

Nicola Lacey attracts upon Hart's formerly unpublished diaries and letters to bare a posh inside lifestyles. Outwardly winning, Hart used to be actually affected by doubts approximately his highbrow skills, his sexual identification and his skill to shape shut relationships. Her biography additionally sheds interesting gentle at the origins of his rules, and assesses his total contribution to the philosophy of legislation. specially, it's a chronicle of a lifestyles which made an impression some distance more than many people realize.

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J. L. Austin 15. Tony Honoré 16. Isaiah Berlin 17. 11, Manor Place, Oxford: the Hart family home from 1952 18. Herbert, Adam, Charlie, Joanna, and Nanny 19. Adam, Jacob, Joanna, and Charlie in the garden at Manor Place, early 1960s 20. Herbert reading in his room at University College, 1962 21. Climbing, from left to right, back row: Herbert, Martin Jay, Peter Strawson, Margaret Paul; front row: Peggy Jay, Douglas Jay 22. xvi) 23. Herbert, Jacob, and Nanny, walking, Cornwall, summer 1966 24. Herbert, Joanna, Adam’s first wife, Mary, with their daughter Mojo, Charlie with Jacob on his knee, Adam with Nanny standing in front of him, 1969–70 25.

I have also tried to end on a note which does justice to his achievements without obscuring his complexities. In these terms, the writing was a journey of ‘interpretation’ rather than ‘discovery’: though in saying this, I do not mean to imply that biography raises no questions of truth and falsehood, fact and fiction. Several practical and ethical dilemmas arose in the course of my work. Readers will differ in their view of how satisfactorily I have resolved them. I started by familiarizing myself with the side of Herbert Hart about which I knew least, by reading his collection of diaries, notebooks, and correspondence.

Rejecting the idea that law derives its authority from God, or from some metaphysical conception of nature or reason—so-called ‘natural law’—Bentham and Austin argued that law is an essentially human artefact: it is a command issued by a political superior or sovereign, to whom the populace is in a habit of obedience. In making this argument, they were taking a decisive and revolutionary step away from what had for centuries been the dominant way of thinking about law. This promising start to the development of a conception of law appropriate to modern, secular democracies had not, however, been much developed since Austin’s death.

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