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Ideas of H.L.A. Hart, by Text

[British, 1907 - 1992, Professor of Law at Oxford University.]

1961 The Concept of Law
p.103 Hart replaced positivism with the democratic requirement of the people's acceptance [Zimmermann,J]
p.104 Positive law needs secondary 'rules of recognition' for their correct application [Zimmermann,J]
p.363 Hart (against Bentham) says human rights are what motivate legal rights [Sen]
1963 Law,Liberty and Morality
I 'Conspiracy' p.12 The principle of legality requires crimes to be precisely defined in advance of any action
I 'Conspiracy' p.14 Some private moral issues are no concern of the law
I 'Enforcement' p.1 Do morals influence law? Is morality an aspect of law? Can law be morally criticised?
I 'Enforcement' p.5 In an organised society all actions have some effect on other people
I 'Positive' p.17 Is the enforcement of morality morally justifiable?
II 'Moderate' p.48 Conduct is not isolated from its effect on the moral code
II 'Moral' p.35 Moral wickedness of an offence is always relevant to the degree of punishment
II 'Private' p.47 The value of liberty allows freedom of action, even if that distresses other people
II 'Use' p.25 Modern law still suppresses practices seen as immoral, and yet harmless
III 'Populism' p.77 The great danger of democracy is that the oppression of the minority becomes unobjectionable