In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria;...
In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.
Bentham and Marx agreed on two fundamental points which are relevant to my present them: first, that their tasks as social thinkers were to clear men's mind as to the true character of human society, and, secondly, that human society and its legal structure which had worked so much human misery, had been protected from criticism by myths, mysteries, and illusions, not all of them intentionally generated, yet all of them profitable to interested parties.
the 'alienated' man, has come to think of the structure of society, legal and economic, not as a human creation but as an external object having power over man. 'His own creation [appears as] a force alien to him...his power over the object as the power of the object over him, the master of his creation appears as its slave.'
The simple but... (查看原文)
This insistence, though it may seem a merely linguistic matter, was the very centre, and I would say the sane and healthy centre, of the legal positivism of which Bentham may be regarded as the founder.
Hence nothing follows from the statement that law so defined exist as to any moral reason for obedience: that vital issue, Bentham thought, must await the judgement of utility on the content of the laws. (查看原文)
![[英国] 哈特](https://img9.doubanio.com/view/personage/m/public/98f6996c4341e69bb7fcbd99a4c44b46.jpg)
哈特 作者
1 有用 Tacitus 2015-09-26 20:54:53
出乎意料的精彩！虽说哈特在前言里谦虚地表示自己只是做一回边沁和普通读者之间的middle man，但正如钱钟书先生说“别传也是自传”—哈特写的虽是边沁，但借机给自己的descriptive jurisprudence方法论和法实证主义的起源、论证、核心theses都梳理注释了一遍。前四章哈特有点回归自己老本行classic studies的感觉，从第五章开始分析哲学技能全开，分别详细讨论了deon... 出乎意料的精彩！虽说哈特在前言里谦虚地表示自己只是做一回边沁和普通读者之间的middle man，但正如钱钟书先生说“别传也是自传”—哈特写的虽是边沁，但借机给自己的descriptive jurisprudence方法论和法实证主义的起源、论证、核心theses都梳理注释了一遍。前四章哈特有点回归自己老本行classic studies的感觉，从第五章开始分析哲学技能全开，分别详细讨论了deontic logic作为方法论对commend theory的支撑及不足，进而分章对“义务与责任”、“权利”、“权力”、“主权者”进行非常精彩的概念分析，并阐明他们如何fit in实证主义的“法律/道德分离”thesis，最后一章对全书内容进行简要回顾总结。虽是论文汇编，读起来却很有整体感呢 (展开)
0 有用 再爱本猫一次 2024-11-27 15:47:48 北京
ch6、7、8、10重要章节。
0 有用 青灯烧古卷 2024-12-06 12:00:00 重庆
基础著作，相关命题的必读读物，没什么可说的。