Hart's Postscript: Essays on the Postscript to The Concept by Jules Coleman

By Jules Coleman

The Postscript to 'The proposal of legislations' includes Herbert Hart's basically sustained and regarded reaction to the objections made through his individual critic, Ronald Dworkin. during this notable assortment, an array of prime criminal philosophers evaluates the luck of Hart's responses to Dworkin.

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Randeria, S. (2003), ‘Globalization of Law: Environmental Justice, World Bank, NGOs and the Cunning State in India’, Current Sociology (Special Issue) 51: 305–28. Rösel, J. and Trotha, T. von. (eds) (1999), Dezentralisierung, Demokratisierung und die lokale Repräsentation des Staates: Theoretische Kontroversen und empirische Forschungen, Cologne: Köppe Verlag. B. van and Zips, W. (eds) (1998), Sovereignty, Legitimacy, and Power in West African Societies: Perspectives from Legal Anthropology, Hamburg: Lit Verlag.

Gluckman also liked to say that, were apprentice anthropologists to read just one text, there was no question what it should be: Henry Maine’s Ancient Law (1919). L. Comaroff 2002). Now, an epoch later, this seems more than a little overdrawn. Comparative law is not everything. Nor, patently, ought it to be the primary source of social theory. But there is reason to believe that legal anthropology warrants a more prominent place at the core of the social sciences than ever before: that it is fundamental to making sense of our Brave Neo World, a world whose lineaments are only beginning to make themselves visible, a world for which we do not yet have adequate analytic equipment.

This has led to a ‘fetishism of law’, ‘a process whereby … the law … is objectified, ascribed a life-force of its own, and attributed the capacity to configure a world of relations in its own image’. The over-determination of law also finds expression in a culture of legality, which affects everyday life in an obsession with order, rights and legality. Resistance is as much clothed in terms of law as is governance from the powerful. These processes go hand in hand with a dramatic outsourcing of government, including policing and warfare.

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