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HLA Hart's The Concept of Law is one of the most influential works of philosophy of the twentieth century, redefining the field of legal philosophy and introducing generations of students to philosophical reflection on the nature of law. Since its publication in 1961 an industry of academic research and debate has grown up around the book, disputing, refining, and developing Hart's work. Under the sheer volume of competing interpretations of the book the original contexts - cultural and intellectual - that shaped Hart's project can be obscured. In this book, renowned legal historian AWB Simpson attempts to sweep aside the volumes of academic criticism and return to 'Troy I', revealing the world of post-war Oxford that produced Hart and his famous book. Drawing on his personal experience of studying and teaching in Oxford at the time Hart developed The Concept of Law, Simpson recreates with characteristic wit the social and intellectual culture of Oxford philosophy and the law faculty in the 1950s. He traces Hart's early work and influences, within and outside Oxford, showing how Hart developed his picture of philosophy and its potential for enriching the understanding of law. He also lays bare the painful shortcomings of post-war Oxford academia, depicting a world of eccentric dons and intellectual Cyclopses - isolated and closed to broad, interdisciplinary exchange - arguing that Hart did not escape from the limitations of his intellectual world. Simpson's entertaining, and controversial, account of the world that produced The Concept of Law will be essential reading for all those engaged in interpreting and teaching the seminal book, and an engaging read for anyone interested in the history of Oxford philosophy and legal education.
During the Second World War, just under two thousand British
citizens were detained without charge, trial, or term set, under
Regulation 18B of the wartime Defence Regulations. Most of these
detentions took place in the summer of 1940, soon after Winston
Churchill became Prime Minister, when belief in the existence of a
dangerous Fifth Column was widespread. Churchill, at first an
enthusiast for vigorous use of the powers of executive detention,
later came to lament the use of a power which was, in his words, in
the highest degree odious'.
The European Convention on Human Rights, which came into force in 1953 after signature, in 1950, established the most effective system for the international protection of human rights which has yet conme into existence anywhere in the world. Since the collapse of communism it has come to be extended to the countries of central and eastern Europe, and some seven hundred million people now, at least in principle, live under its protection. It remains far and away the most significant achievement of the Council of Europe, which was established in 1949, and was the first product of the postwar movement for European integration. It has now at last been incorporated into British domestic law. Nothing remotely resembling the surrender of sovereignty required by accession to the Convention had ever previously been accepted by governments. There exists no published account which relates the signature and ratification of the Convention to the political history of the period, or which gives an account of the processes of negotiation which produced it. This book, which is based on extensive use of archival material, therefore breaks entirely new ground. The British government, working through the Foreign Office, played a central role in the postwar human rights movement, first of all in the United Nations, and then in the Council of Europe; the context in which the negotiations took place was affected both by the cold war and by conflicts with the anti-colonial movement, as well as by serious conflicts within the British governmental machine. The book tells the story of the Convention up to 1966, the date at which British finally accepted the right of individual petition and the jurisdiction of the Strasbourg Court of Human Rights. It explores in detail the significance of the Convention for Britain as a major colonial power in the declining years of Empire, and provides the first full account of the first cases brought under the Convention, which were initiated by Greece against Britain over the insurrection in Cyprus in the 1950s. It also provides the first account based on archival materials of the use of the Convention in the independence constitutions of colonial territories.
This book offers a collection of essays by arguably the most popular legal historian writing today. Most of the essays have not been previously published, and those which have appeared previously have been re-written to make the collection read more coherently. The collection is centred upon the theme of the leading case - a case where the judgment has established a long-lasting or far-reaching precedent in Common Law, and the author has selected a number of these cases in order to illustrate how the precedents established by the cases had little or nothing to do with the trials themselves.
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