Document Type : Article
Assistant Professor, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran
PhD student in Public Law, Shiraz University, Shiraz, Iran
Herbert Hart's approach to the concept of law is affected by Oxford University's philosophy of language, and in particular John Langshaw Austin’s school of thought. The question whether the extension of contemporary philosophers’ approach to the language of law fits in with legal hermeneutics or not, depends on the definition of Legal hermeneutics and its scope. The basic question that can be highlighted in this regard is what is the relationship between the philosophical approach of Herbert Hart and legal hermeneutics? In other words, does Hart’s view on language of law - which is discussed in his book of the Concept of Law - have a hermeneutical background? It seems that Hart’s interpretive approach to legal principles as well as judicial procedures, his criticizing of the authenticity of legal form, and his defending of the rule of skepticism, can be regarded as prominent examples of legal hermeneutics understood in a broad sense. Through this approach, it can be claimed that contemporary philosophy of language, by discussing the language and meaning of the law, has a significant potential for the development of hermeneutical knowledge of law.
- A) Books
- Aghaei, Kamran (2009), Interpretive schools in law based on legal hermeneutics, Tehran, Mizan Publications (In Persian).
- Palmer, Richard (1993), Hermeneutics, translated by Mohammad Saeed Hanaei Kashani. Tehran, Hermes Publications (In Persian).
- Abdollahi, Mohammad Ali (2008), in Jan, R., Searle, Spoken Verbs, Qom, published by the Institute of Islamic Sciences and Culture (In Persian).
- David, René (1990), The Great Contemporary Legal Systems, translated by Hossein Safaei et al., Tehran, University Publishing Center (In Persian).
- Gadamer, Hans-Georg (2015), Hermeneutics, language, art. Translation: Abdullah Amini. Tehran, Question Publications (In Persian).
- Grunden, Jean (1994), An Introduction to Philosophical Hermeneutics, translated by Mohammad Saeed Hanaei Kashani, Tehran, Minavi Kherad Publishing (In Persian).
- Hart, Herbert (2013), The Concept of Law, translated by Mohammad Rasekh, Tehran, Ney Publishing (In Persian).
- Henfling, Oswald (1383), Philosophy and Everyday Language, translated by Mahmoud Rafi, Tehran, Gam No Publishi
- Bix, Brian (1999), H.L.A. Hart and the Hermeneutic Turn in Legal Theory, 52 SMU L. Rev. 167 (In Persian).
- Cole, Tony (2010), Language and the Law in the Legal Philosophy of H.L.A. Hart. London, Oxford University Press UK (In Persian).
- Cole, Tony (2010), Language and the Law in the Legal Philosophy of H.L.A. Hart. London, Oxford University Press UK.
- Endicott, Timoth (2016), Law and Language, Stanford Encyclopedia of Philosophy, Edition 2.
- Hart. Herbert (1985), Essays in Jurisprudence and Philosophy of Law, Oxford University Press.
- Leyh, G. (1992), Legal Hermeneutics, History, and Practice, Berkley: Los Angeles, Oxford.
- Longworth, Guy (2013), Law and Language, Stanford Encyclopedia of Philosophy.
- Marmor, Andrei- & Soames, Scott (2011), Philosophical Foundations of Language in the Law, Oxford Uni Press.
- Mootz, Francis. (1988), The Ontological Basis of Legal Hermeneutics: A Proposed Model of Inquiry Based on the Work of Gadamer, Habermas and Ricoeur, University of Nevada, Las Vegas.
- Wittgenestein, Ludwig (1958), Philosophical Investigations. trans by G.E.M. Anscombe, Blackwell
- B) Articles
- Austin, John. L. (1956), A plea for Excuses, proceedings of the Aristotelian Society, Vol 57, pp. 1-30.
- Bix, Brian (1999), H.L.A. Hart and the Hermeneutic Turn in Legal Theory, 52 SMU L. Rev. pp. 167-199.
- Brendan, Edgeworth (1986), "Legal Positivism and the Philosophy of Language; a critique of H. L. A. Hart's Descriptive Sociology", Legal Studies, Vol. 6. No 2.
- Cunliffe, Emma (2013), Ambiguities: Law, Morality, and Legal Subjectivity in HLA Hart's the Concept of Law. Feminist Encounters with Legal Philosophy (Abingdon: Routledge-Cavendish, 2013), 185-204.
- Danlan, K., S. (2007), "Analytical Philosophy and Philosophy of Language", translated by Shapoor Etemad and Morad Farhadpour, Arghanoon Magazine, Vol. 7 & 8, Tehran, Ministry of Guidance, pp. 39-67 (In Persian).
- Endicott, Timoth (2002), Law and Language. Coleman, J. L., Shapiro, S., & Himma, K. E. (Eds.). The Oxford handbook of jurisprudence and philosophy of law. Oxford University press, pp. 145-170.
- Goodrich, Peter (2004), "Legal Hermeneutics", translated by Behrouz Jandaghi, Journal of Jurisprudence and Law, First Year, No. 2, pp. 211-220 (In Persian).
- Kar, Brian (1999), "The Problem of Truth, translated by Homayoun Hemmati, Ghabsat Magazine, No. 12, pp. 158-179 (In Persian).
- Mootz Francis (1994), The new legal hermeneutics. Vand. L. Rev., 47, pp. 115-143.
- Morris, Herbert. (1960), Verbal disputes and the legal philosophy of John Austin. UCLA L. Rev., 7, 27.
- Merezhko, Oleksandr (2014), "European Political and Law Discourse", Legal Hermeneutics and Methodology of Law, Vol. 1.