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Herbert Lionel Adolphus Hart (18 July 1907 – 19 December 1992) was a British legal philosopher, and a major figure in political and legal philosophy. He was Professor of Jurisprudence at Oxford University and the Principal of Brasenose College, Oxford. His most famous work is ''The Concept of Law'' (1961; 3r edition, 2012). It has been argued that Hart had redefined the domain of jurisprudence and moreover established it as a philosophical inquiry of the "nature" or "concept" of law. He is considered one of the world's foremost legal philosophers in the twentieth century, alongside Hans Kelsen.〔Matthew H. Kramer and Claire Grant (2008). "Introduction", in Satthew H. Kramer, Claire Grant, Ben Colburn, and Anthony Hatzistavrou (ed.): ''The Legacy of H.L.A. Hart: Legal, Political and Moral Philosophy''. Oxford/New York, Oxford University Press, xiii.〕 ==Biographical sketch== Hart was born in 1907, the son of Rose Samson Hart and Simeon Hart, in Harrogate,〔Mullender, Richard: ("Nicola Lacey, ''A Life of H.L.A. Hart: the Nightmare and the Noble Dream'' – H.L.A. Hart in Anglo-American Context" ), Web Journal of Current Legal Issues (review 2007). Oxford University Press, (2004). ISBN 978-0-19-920277-5〕 to which his parents had moved from the East End of London. His father was a prosperous Jewish tailor of German and Polish origin; his mother, of Polish origin, daughter of successful retailers in the clothing trade, handled customer relations and the finances of their firm. Hart had an elder brother, Albert, and a younger sister, Sybil. He was educated at Cheltenham College, Bradford Grammar School and at New College, Oxford. Hart took an outstanding First in Classical Greats in 1929. He became a Barrister and practised successfully at the Chancery Bar from 1932 to 1940. He was good friends with Richard (later Lord) Wilberforce, Douglas Jay, and Christopher Cox, among others. He received a Harmsworth Scholarship to the Middle Temple and also wrote literary journalism for the periodical ''John O'London's Weekly''.〔 During World War II, Hart worked with MI5, a division of British military intelligence concerned with unearthing spies who had penetrated Britain, where he renewed Oxford friendships including working with the philosophers Gilbert Ryle and Stuart Hampshire. He worked closely with Dick White, later head of MI5 and then of MI6. Shortly after the war in Europe had ended, he and White were joined in conversation by Hugh Trevor-Roper, a conversation which revolved around what had happened to Hitler. Trevor-Roper's biographer has written that "over the third bottle of hock", the idea emerged that a systematic search should be made, a search which resulted ultimately in the historian's famous book, ''The Last Days of Hitler''. His war work took him on occasion to MI5 offices at Blenheim Palace, family home of the Dukes of Marlborough and the place where Winston Churchill was born. There he was somehow able to read the diaries of Sarah Churchill, Duchess of Marlborough, wife of the founder of the dynasty John Churchill, 1st Duke of Marlborough. Hart's wit and humanity are demonstrated by the fact that he particularly enjoyed the passage where Sarah tells that John had been away for a long time, had arrived suddenly, and "enjoyed me straight way in his boots." Hart did not return to his legal practice after the War, preferring instead to accept the offer of a teaching fellowship (in philosophy, not Law) at New College, Oxford. Hart cites J. L. Austin as particularly influential during this time.〔 The two jointly taught from 1948 a seminar on 'Legal and Moral Responsibility.' Among his publications at this time were the essays 'A Logician's Fairytale,' 'Is There Knowledge by Acquaintance?,' 'Law and Fact,' and 'The Ascription of Responsibility and Rights.' In 1952, he was elected Professor of Jurisprudence at Oxford. It was in the summer of that year that he began writing his most famous book, ''The Concept of Law'', though it was not published until 1961. In the interim, he published another major work, ''Causation in the Law'' (with Tony Honoré) (1959). He was president of the Aristotelian Society from 1959 to 1960. Hart married Jenifer Fischer Williams, a civil servant, later a senior civil servant, in the Home Office and, still later, Oxford historian at St Anne's College (specialising in the history of the police).〔(Biography of Jenifer Hart )〕 Jenifer Hart was, for some years in the mid-1930s and fading out totally by decade's end, a 'sleeper' member of the Communist Party of Great Britain. Three decades later she was interviewed by Peter Wright as having been in a position to have passed information to the Soviets, and to Wright, MI5's official spy hunter, she explained her situation; Wright took no action. In fact her work as civil servant was in fields such as family policy and so would have been of no interest to the Soviets.〔(Obituary of Jenifer Hart, ) ''Daily Telegraph'', 9 April 2005〕 The person who recruited her, Bernard Floud, interviewed by Wright shortly after, maintained that he was unable to remember ever having done so. Nor was her husband in a position to convey to her information of use, despite vague newspaper suggestions, given the sharp separation of his work from that of foreign affairs and its focus on German spies and British turncoats rather than on matters related to the Soviet ally. In fact, Hart was anticommunist. The marriage contained "incompatible personalities", though it lasted right through the end of their lives and gave joy to both at times. Hart did joke with his daughter at one point, however, that "()he trouble with this marriage is that one of us doesn't like sex and the other doesn't like food."〔Margaret Howatson (Obituary: Jenifer Hart, ) ''The Independent'', 31 March 2005〕 Jenifer Hart was believed by her contemporaries to have had an affair of long duration with Isaiah Berlin, a close friend of Hart's. Jenifer published her memoirs under the title ''Ask Me No More'' in 1998. The Harts had four children, including, late in life, a son who was disabled, the umbilical cord wrapped around his neck having deprived his brain of oxygen. The boy was, despite his handicap, capable of remarkable observations on occasion. As a philosopher, Hart had long been interested in the mind-body problem, and he was thus in some sense professionally interested in his son, as well as emotionally invested, if only because his child was first-hand proof of the complex and unpredictable nature of the relationship between mind and body. His grand-daughter Mojo Mathers became New Zealand's first deaf Member of Parliament in 2011. There is a description of the Hart's household by the writer on religion Karen Armstrong, who lodged with them for a time to help take care of their disabled son. The description appears in her book ''The Spiral Staircase''. Hart retired from the Chair of Jurisprudence in 1969 and was succeeded by Ronald Dworkin. He subsequently became Principal of Brasenose College, Oxford. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「H. L. A. Hart」の詳細全文を読む スポンサード リンク
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