【Hart】The+Concept+of+law(2nd+edition)外文翻译.pdf

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THE CONCEPT
OF LAW
SECOND EDITION
BY
H.L.A.HART
With a Postscript edited by
Penelope A. Bulloch and Joseph Raz
CLARENDON PRESS · OXFORD
Oxford University Press, Walton Street, Oxford ox2 6oP
Oxford New York
Athens Auckland Bangkok Bombay
Calcutta Cape Town Dares Salaam Delhi
Florence. Hong Kong Istanbul Karachi
Kuala Lumpur Madras Madrid Melbourne
Mexico City Nairobi Paris Singapore
Taipei Tokyo Toronto
and panies in
Berlin Ibadan
Oxford is a trade mark of Oxford University Press
Published in the United States
by Oxford University Press Inc., New York
© Oxford University Press 1961
First edition published 1961
Second edition published 1994
(with a new Postscript)
All rights reserved. No part of this publication may be reproduced,
stored in a retrieval .rystem, or transmitted, in a'!)' form or by a'!)' means,
without the prior permission in writing of Oxford University Press.
Within the UK, exceptions are allowed in respect of a'!)' fair dealing for the
purpose of research or private stut!J, or criticism or review, as permitted
under the Copyright, Designs and Patents Act, 1988, or in the case of
reprographic reproduction in accordance with the terms of the licences
issued by the Copyright Licensing Agen0'. Enquiries concerning
reproduction outside these terms and in other countries should be
sent to the Rights Department, Oxford University Press,
at the address above
This book is sold subject to the condition that it shall not, by wqy
of trade or otherwise, be lent, re-sold, hired out or otherwise circulated
without the publisher's prior consent in any form of binding or cover
other than that in which it is published and without a similar condition
including this condition being imposed on the subsequent purchaser
British Library Cataloguing in Publication Data
Data available
Library of Congress Cataloging in Publication Data
Data available
0-19-8'J6I22-8
5 7 9 IO 8 6
Printed in Great Britain
on acidjree paper by
Biddies Ltd., Guildford and King's Lynn
PREFACE
MY aim in this book has been to further the understanding
of law, coercion, and morality as different but related social
phenomena. Though it is primarily designed for the student
of jurisprudence, I hope it may also be of use to those whose
chief interests are in moral or political philosophy, or in so•
ciology, rather than in law. The lawyer will regard the book
as an essay in analytical jurisprudence, for it is concerned
with the clarification of the general framework oflegal thought,
rather than with the criticism of law or legal policy. More•
over, at many points, I have raised questions which may well
be said to be about the meanings of words. Thus I have
considered: how 'being obliged' differs from 'having an obli•
gation'; how the statement that a rule
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