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Title
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Hart and the Oxford Jurisprudence Circle : rediscovering the lost legacy of customary law
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Author
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Abstract
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| H.L.A.Hart is one of the most famous legal positivists. Nevertheless, the controversythat surrounds his position on (customary) international law discloses acontroversy that runs to the core of his Concept of Law. In an attemptto settle this controversy, the thesis delves into the history of ideas and,especially, the legacy built by Hart’s predecessors in the Oxford Chair ofJurisprudence: the Oxford Jurisprudence Circle. An exploration of their worksexhibits that they constructed socio-historical groundworks for redefining theconcept of law, beginning at the level of primitive communities and customarylaw. Fitting Hart into this legacy and re-reading his seminal work throughits prism, clearly shows that Hart never questioned the legality of customarylaw, nor (in extension) the legality of customary international law.As such, this endeavour definitively, it is hoped, settles the controversy thatsurrounds Hartian scholarship and, through the revival of this lost legacy ofcustomary law, a new, and more complete, Hart is revealed. This realizationbrings with it a number of other elements and unveils at least three strands ofPositivism that have remained hidden, and largely misunderstood, under thevague and confusing ‘Positivism’ label. From this perspective, the present workchallenges us to rethink what we consider to be the basis of Hart’s work andHart’s kind of Positivism; and, at its end, new routes and newpossibilities are revealed, not only for international Hartian scholarship butfor general jurisprudence as well. |
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Language
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English
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Publication
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Groningen
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University of Groningen
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2021
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Volume/pages
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316 p.
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Note
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Westerman, P.C. [Supervisor]
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Van Assche, K. [Supervisor]
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Pavlakos, G. [Supervisor]
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Full text (open access)
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