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The Hart-Fuller Debate in the Twenty-First Century

This book re-thinks debates held at a colloquium in 2008 in the light of social, political and intellectual developments in the past 50 years.
The Hart-Fuller Debate in the Twenty-First Century
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This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration.
Peter Cane is Professor and Director of the John Fleming Centre for Advancement of Legal Research at the Australian National University.
1. Out of the 'Witches' Cauldron'? Reinterpreting the Context and Reassessing the Significance of the Hart-Fuller Debate Nicola Lacey 2. Human Rights and the Rule of Law After Conflict Hilary Charlesworth 3. The Hart-Fuller Debate's Silence on Human Rights Karen Knop 4. International Criminal Law and the Inner Morality of Law Larry May 5. On Visibility and Secrecy in International Criminal Law Christopher Kutz 6. The Hart-Fuller Debate, Transitional Societies and the Rule of Law Martin Krygier 7. Legal Pluralism and the Contrast Between Hart's Jurisprudence and Fuller's Jeremy Waldron 8. The Politics of Defining Law Margaret Davies 9. Law as a Means Leslie Green 10. Comment on 'Law as a Means' Anthony J Sebok 11. Two Turns of the Screw Desmond Manderson 12. The Common Discourse of Hart and Fuller Ngaire Naffine 13. How Norms Become Normative Philip Pettit 14. Resentment, Excuse and Norms Richard H McAdams 15. Positivism and the Separation of Realists from their Scepticism: Normative Guidance, the Rule of Law and Legal Reasoning Gerald J Postema 16. Legal Reasoning, the Rule of Law and Legal Theory Brian H Bix
... the ideal entrance point into the famous debate between H.L.A. Hart and L. Fuller.The aim of Cane's edited collection is twofold: the chapters grapple with the debate on its own terms, while extracting lessons for the modern world. The book is remarkably successful at both tasksThis book promises to be a source of questions for the curious minds of all philosophical persuasions.Margaret MartinEthicsJuly 2012
Language
English
ISBN-10
1841138940
ISBN-13
9781841138947
Media
Book
Format
Hardcover
Year
2009
Publication Date
2009-10-31
Imprint
Hart Publishing
Subtitle
50 Years on
Place of Publication
Oxford
Country of Publication
United Kingdom
Edited by
Peter Cane
Birth
1950
DEWEY
340.1
Author
Peter Cane
Affiliation
Australian National University
Illustrations
black & white illustrations
Pages
307
Short Title
HART-FULLER DEBATE IN THE 21ST
Publisher
Hart Publishing
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