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Topic: The Concept of Law

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	H.L.A. Hart's The Concept of Law
		H.L.A. Hart’s The Concept of Law (1961) is an analysis of the relation between law, coercion, and morality, and is an attempt to clarify the question of whether all laws may be properly conceptualized as coercive orders or as moral commands.
		He argues that to describe all laws as coercive orders is to mischaracterize the purpose and function of some laws and is to misunderstand their content, mode of origin, and range of application.
		Hart criticizes the concept of law which is formulated by John Austin in The Province of Jurisprudence Determined (1832) and which proposes that all laws are commands of a legally unlimited sovereign.
	www.angelfire.com /md2/timewarp/hart.html (1781 words)

	CATHOLIC ENCYCLOPEDIA: Law
		Human laws, however, must be subordinate to the Divine law, or at least, must not contradict it, for human authority is only a participation in the supreme Divine power of government, and it is impossible that God could give human beings the right to issue laws that are unreasonable and in contravention of His will.
		A classification of law, as limited to law administered in the courts, and familiar to Roman jurisprudence, is that of law in the strict sense and equity (jus strictum et jus aequum et bonum).
		Law in the strict sense (jus strictum) is, therefore, positive law in its literal interpretation; equity, on the contrary, consists of the principles of natural justice so far as they are used to explain or correct a positive human law if this is not in harmony with the former.
	www.newadvent.org /cathen/09053a.htm (4360 words)

	The Concept of Law - Wikipedia, the free encyclopedia
		A critique of John Austin's theory that law is the command of the sovereign backed by the threat of punishment.
		A distinction between the internal and external points of view of law and rules, close to (and influenced by) Max Weber's distinction between the sociological and the legal perspectives of law.
		Laws can be divided up into two sorts: primary rules (rules of conduct) and secondary rules (rules addressed to officials and which set out to affect the operation of primary rules).
	en.wikipedia.org /wiki/The_Concept_of_Law (837 words)

	The Role of Law in Conflict Management
		Introduction The concept of law is as ancient as mankind.
		The positivists' view of understanding the concept of law focuses on the aspect that law is a command of the generally adhered to sets of rules and the power to enforce them (Ibid.).
		The concept of law is therefore bigger than the source it derives from or the processes used to administrate it.
	www.mediate.com /articles/simpson.cfm (722 words)

	[No title]
		The equivocation in our concept of law means that there is often no answer to questions about what the law is, not even the answer that it is unclear what the law is. But the upshot of the indeterminacy of the concept of law is not that there is no law at all.
		The concepts of justice, liberty, democracy, and the rule of law are all part of everyday political life, and the political stakes of different usages don’t seem obviously lower for these than for the concept of law.
		For whatever else it does, the concept of law governs the categorization of rules and standards into those which are in force as the obligations imposed by the state on its citizens and those which are not.
	www.law.ucla.edu /docs/liam_murphy-whatmattersucla.doc (13886 words)

	law. The Columbia Encyclopedia, Sixth Edition. 2001-05 (Site not responding. Last check: 2007-10-21)
		The first law code in Roman history was the Law of the Twelve Tables, the prelude to the development of Roman law, a highly elaborate system that has had immeasurable influence on the growth of Western law.
		Roman law, together with the Bible, was the basis of canon law, the legal system of the Roman Catholic Church, while Muslim law was derived from the Qur’an and the traditional sayings of Muhammad, and later Hebrew law was based on the Talmud.
		Feudal law also showed the effects of Roman law, although in theory it was based not upon any concept of the state but on personal relations (see feudalism).
	www.bartleby.com /65/la/law-law.html (701 words)

	Law
		Law is retribution or conflict resolution that is administered by a centralized authority.
		Law, as administered by a central authority, takes the responsibility of retribution out of the hands and puts it in the hands of the state.
		Law is at its heart revenge; the basic cultural mechanism for dealing with unacceptable behavior is to exact revenge.
	www.wsu.edu /~dee/GLOSSARY/LAW.HTM (379 words)

	Law - Wikipedia, the free encyclopedia
		Competition Law is an evolving and relatively new kind of law that began in the late 19th Century with the restraint of trade doctrine.
		Law in the EU is however mixed with precedent in case law of the European Court of Justice.
		Economic analysis of law (or economics and law) is the term usually employed to describe an approach to legal theory that incorporates and applies the methods and ideas of economics to the concepts of law.
	en.wikipedia.org /wiki/Law (3904 words)

	Legal Philosophy: The Economic Analysis of Law (Stanford Encyclopedia of Philosophy)
		Central philosophic questions concerning the concept of law, of its normativity, and the obligation to obey the law, however, are not directly addressed.
		Indeed, economic analyses of law generally presuppose a concept of law in that the law is uncontroversially known to all actors.
		Economic analysis of law provokes disquiet because the model of self-interested maximization of preferences does not admit a concept of normativity but explaining the normativity of law is a central pre-occupation of philosophy of law.
	plato.stanford.edu /entries/legal-econanalysis (8170 words)

	Concept of Law
		Modern criminal law is the result of a long evolution of laws that have attempted to deal with and define deviant behavior in Society.
		Common Law is a traditional body of then unwritten legal precedents created by court decisions (as distinguished from statutory law written by a Congress or other legislative body) during the Middle Ages in England.
		In the eleventh century, King Edward the Confessor proclaimed that Common Law was the law of the land.
	www.acvcc.state.al.us /asads/conceptoflaw.htm (1263 words)

	Davis law in action essay
		Time and again, the concept of “Law in Action” came up as we discussed who we are and who we want to be.
		Over the years, the concept continued to develop and became strongly linked to the UW Law School’s identity and fundamental to the teaching methods and research of many faculty members.
		As at law schools everywhere, the focus is on appellate opinions, and students are asked to analyze and evaluate the holding, apply it to other factual settings, and consider alternative approaches the court might have taken.
	www.law.wisc.edu /Davislawinactionessay.htm (1686 words)

	Notes: The Concept of Law, Second Edition
		He also points out that some laws (again pointing to modern legal systems) do not necessarily bring about punishments if they are not followed, but instead describe the bounds of the legitimacy of other laws and the processes that should be used in the legal system.
		Hart analyzes the concept of obedience in a legal system by comparing other situations with what he calls a "normal" case that he understands to be a legal system (112), which seems to automatically preclude some scenarios, such as international law, from having the status of law.
		Hart's central issue surrounding the interaction of law and morality is whether a rule that is morally wrong should fail to gain status as "law", or if one should instead say, "'This is law; but it is too iniquitous to be applied or obeyed'" (208).
	www.garretwilson.com /books/conceptlaw.html (2704 words)

	Theories of Criminal Law (Stanford Encyclopedia of Philosophy)
		The law provides the institutions (the courts, arbitration panels) through which that case can be brought; it lays down the norms by reference to which the case is decided; it specifies what remedies are available; it might also help successful plaintiffs to extract damages from unwilling defendants.
		The law of a liberal polity, that is to say, must aim to be a common law: a law which belongs to the citizens, as a reflection of the values they share, rather than a law which is imposed on them by an alien sovereign.
		What the criminal law must say to the citizens is therefore not that they must refrain from such conduct because the law forbids it and can demand their obedience, but that they should refrain from such conduct because it is wrong.
	plato.stanford.edu /entries/criminal-law (7911 words)

	The Concept of International Law
		Law is a system of legal relations which condition social action to serve the common interest.
		Law is a product of social processes which determine society's common interest and which organize the making and application of law.
		Recent developments in international society have made necessary and inevitable the coming-to-consciousness of international law as the fully effective law of a fully functioning international society, but that development faces a number of problems and impediments which must be overcome.
	www.ejil.org /journal/Vol10/No1/ab2.html (264 words)

	Lex Extropium
		Extropians strongly question the presumption underlying the current almost universal paradigm of law that assumes that law is inextricably intertwined with the power of the state.
		Thus, extropians are interested in current developments in various regimes of so-called "privately produced law", such as private mediation and arbitration, and look forward to the possibility of expanding the reach of such regimes of private law to new areas of human activity.
		Concepts such as "smart contracts" exemplify the use of advanced intelligent software agents and strong cryptography to re-engineer legal systems in an era of rapid social change driven by accelerating technological evolution.
	users.aol.com /gburch1/exlaw.html (566 words)

	The Concept of Law (Site not responding. Last check: 2007-10-21)
		The Concept of Law, HLA Hart, (Clarendon Press, 1961), with a postscript edited by Penelope A. Bulloch and Joseph Raz, 307pp.
		The Concept of Law has had far reaching effects, not only on the thought and study of jurisprudence founded upon English common law, but on political and moral theory as well.
		The Concept of Law is a thorough-going examination of the philosophical foundations of the Western legal tradition.
	www.colorado.edu /conflict/full_text_search/ConflictAbs/hartconc.htm (590 words)

	SSRN-Ordinary People and the Law in H.L.A. Hart's the Concept of Law by Anthony Cole
		While H.L.A. Hart is one of the classical figures in positivist legal thought his theory of law nonetheless moved starkly away from the traditional positivist model of law as the creation of a privileged class, aimed at directing the behavior of the general populace.
		Nonetheless, after spending much of "The Concept of Law" emphasizing the social element of law, Hart ultimately settles on a theory of law that excludes ordinary citizens from any role in the development and interpretation of law.
		The article demonstrates that Hart retained this view of legal language at the time he wrote "The Concept of Law," and argues that it is this view that explains his adoption of a theory of law centered upon the legal profession.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=881221 (399 words)

	THINKING BEYOND THE DOMESTIC-INTERNATIONAL DIVIDE: TOWARD A UNIFIED CONCEPT OF PUBLIC LAW Georgetown Journal of ...
		In political science departments, to the extent law is taught at all, domestic public law is usually taught by American politics scholars,3 and international public law by international relations scholars.
		An assumption that hierarchy and centralized enforcement are necessary for law to systematically constrain behavior connects the structural and functional elements of the distinction.
		Importantly, these scholars, from different sides of the domestic-international divide, and from both law and political science, are giving similar answers suggesting similar causal mechanisms, including reputation and credibility, focal points and coordination, issue breadth and time horizon in interest calculations, and norms and domestic politics.
	www.findarticles.com /p/articles/mi_qa4140/is_200410/ai_n13639544 (574 words)

	quantum law concept from the Astronomy knowledge base (Site not responding. Last check: 2007-10-21)
		Fermi-Dirac-Sommerfeld law (3 facts) (FDS) - A law which gives the algebraic number of a quantized system of particles which have velocities within a small range.
		Stefan's law (2 facts) - The flux of radiation from a flbody is proportional to the fourth power of its absolute temperature: L = 4πR
		Wien's law (2 facts) - The wavelength at which a flbody emits the greatest amount of radiation is inversely proportional to its absolute temperature.
	www.site.uottawa.ca:4321 /astronomy/quantumlaw.html (256 words)

	The Concept of Law (Site not responding. Last check: 2007-10-21)
		It is a philosophical examination of the basis for law....
		He is the author of The Concept of Law and was Professor of Jurisprudence at Oxford University.
		His other publications include Causation in the Law, with Tony Honore (1959); Law, Liberty and Morality (1963), and The Morality of the Criminal Law (1965).
	www.ou.edu /cas/psc/bookhart.htm (765 words)

	SparkNotes: Newton's Three Laws: The Concept of Force and Newton's First Law
		Since force is the fundamental concept of Dynamics, we must give a clear definition of this concept before we proceed with Newton's Laws.
		Inertia is defined as the tendency of an object to remain at a constant velocity.
		This concept has limited application to classical mechanics, yet is essential for the study of Relativity.
	www.sparknotes.com /physics/dynamics/newtonsthreelaws/section1.html (826 words)

	Ancient Law - Professor Bernard Hibbitts
		This seminar explores the laws and legal practices of six ancient civilizations: Mesopotamia, Egypt, Egypt, the Hittite Empire, Israel, Greece and Rome.
		We will examine not merely the ancient "law in the books" (the formal written codes that have received so much historical and philological attention over the years) but also the ancient "law in action" (the performances, rituals and ceremonies that created legal rights and duties in all these proto-literate societies).
		Aristide Theodorides, "The Concept of Law in Ancient Egypt", in The Legacy of Egypt (John Richard Harris, ed., 2nd ed., 1971)
	www.law.pitt.edu /hibbitts/ancientl.htm (805 words)

	Concept Deskbook in Employment Law (Site not responding. Last check: 2007-10-21)
		topical reference manual (255 pages) that provides the student, employment law practitioner and general practitioner with predominantly federal and Texas law on employment law.
		The “concept” approach was designed to provide an easy way to identify an area that is sought for research and then extracts that portion of the statute (if the concept is statutory), gives an overview of the concept and then provides case law addressing the concept.
		The concepts covered in this edition of the Deskbook are as follows:
	www.hldlaw.com /pubconcept.htm (143 words)

	Harvey & Associates -- Law Protecting Concept (Site not responding. Last check: 2007-10-21)
		Harvey and Associates, P.C. is an intellectual property law firm providing comprehensive legal services to clients in the Oklahoma area who require direct, responsive, and knowledgeable interaction with the attorney handling their legal needs.
		The firm's mission is to help businesses build value by partnering with the the business and providing counseling and advice on intellectual property matters.
		It also assists other law firms in supporting their clients when they require additional expertise in this specialty area.
	www.weblawman.com (115 words)

	Darius Rejali: Concept of Law
		H.L.A. Hart, The Concept of Law, Chapters 2-4, pp.
		The Attack on Law: Carl Schmitt, The Concept of the Political
		Raz, Ethics in the Public Domain, Chapters 10 and 11, "Authority, Law and Morality" and "The Inner Logic of the Law", pp.
	academic.reed.edu /poli_sci/faculty/rejali/syllabi/ps304law99.html (306 words)

	Amazon.com: Hart's Postscript: Essays on the Postscript to The Concept of Law : Books: Jules Coleman (Site not responding. Last check: 2007-10-21)
		The Concept of Law (Clarendon Law Series) by H. Hart
		In Law's Empire, Ronald Dworkin has advanced a new theory of law, complex and intriguing.
		Hart's Postscript: Essays on the Postscript to The Concept of Law by Jules Coleman $42.96
	www.amazon.com /Harts-Postscript-Essays-Concept-Law/dp/019924362X (926 words)

	Concept of Law
		This course addresses the philosophical question of the nature of law.
		The fundamental issues are what it means to say that a particular rule is law, the source of the authority of law, the relationship between law and morality, and the nature of the judicial decision.
		We will study classical and contemporary theories and the critiques of traditional approaches mounted by the critical legal studies movement, feminism, and critical race theory.
	www.american.edu /dgolash/col.html (280 words)

	Greek Law Readings - Bernard Hibbitts
		Lin Foxhall, "The Law and the Lady: Women and Legal Proceedings in Classical Athens", in Greek Law in its Political Setting (L. Foxhall and A.D.E. Lewis eds., 1996)
		Louis Gernet, "Law and Prelaw in Ancient Greece", in The Anthropology of Ancient Greece (1981) Margaretha Debrunner Hall, "Even Dogs Have Erinyes: Sanctions in Athenian Practice and Thinking", in Greek Law in its Political Setting (L. Foxhall and A.D.E. Lewis eds., 1996)
		Stephen Todd, "The Purpose of Evidence in Athenian Courts", in Nomos: Essays in Athenian Law, Politics and Society (Paul Cartledge et al.
	www.law.pitt.edu /hibbitts/greek.htm (850 words)

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