Synopses & Reviews
In the 1950s and 1960s, H. L. A. Hart's writings were responsible for the revitalizing of legal philosophy in the United Kingdom and worldwide. In this new collection, ten distinguished philosophers and legal theorists address the enduring significance of Hart's work and focus upon some of its more neglected aspects, including his work on causation and the philosophy of action. Two chapters discuss Hart and Honoré's Causation in the Law, a book that has been undeservedly overlooked in many philosophical discussions of causation. The remaining chapters consider Hart's views on the justification of punishment, his dislike of retribution, his claim that harmless immorality should not be punished and his search for a non-retributivist theory of mens rea and excuses. Also examined are Hart's definitions of key legal and philosophical concepts, including punishment, responsibility and voluntariness, and his views on punishing negligent acts.
Synopsis
A collection of essays discussing Herbert Hart's writings on responsibility. The essays focus upon Hart's work on causation in the law and on the justification of punishment. Specific topics discussed include senses of 'responsibility', voluntariness, Mill's harm principle, mens rea, excuses, the Hart-Wootton debate, and negligence.
About the Author
Christopher Pulman formerly lectured in philosophy at the University of Reading, UK. He is now a pupil barrister at 1 Gray's Inn Square, London, UK.
Table of Contents
Notes on Contributors
Introduction; C. G. Pulman
1. Hart's Senses of 'Responsibility'; Karin Boxer
2. Voluntary Interventions; C. G. Pulman
3. Causing Things and Doing Things; Helen Steward
4. A Framework for Punishment: What is the Insight of Hart's 'Prolegomenon'?; Douglas Husak
5. Legal Responses to Consensual Sexuality Among Adults: Through and Beyond the Harm Principle; Matthew H. Kramer
6. Revisiting the Hart/Wootton Debate on Responsibility; Matt Matravers and Arina Cocoru
7. Hart's Choices; Gideon Yaffe
8. Hart, Punishment, and Excusing Conditions; Erasmus Mayr
9. Hart and Punishment for Negligence; Larry Alexander
Bibliography
Index