Hart in Equilibrium. The Theory of a Legal System: A Paradigm of the Aporias in Hart's Concept of Law
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Hart in Equilibrium. The Theory of a Legal System: A Paradigm of the Aporias in Hart's Concept of Law
Rechtstheorie, Vol. 44 (2013), Iss. 4 : pp. 415–433
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Prof. Dr. Pedro Rivas, Profesor Titular de Filosofía del Derecho, Facultad de Derecho, Universidad de A Coruña, Campus de Elviña s/n, 15071 A Coruña, Spanien
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RECHTSTHEORIE 44 (2013), S. 415–433 Duncker & Humblot, 12165 Berlin HART IN EQUILIBRIUM The Theory of a Legal System: A Paradigm of the Aporias in Hart’s Concept of Law* By Pedro Rivas, A Coruña Any attempt to explain Hart’s theory of the legal system appears to be senseless for several reasons. The most obvious one is that Hart’s theories of the legal system and of Law have already been studied, many times and with full precision. In fact, we can name at least three monographic studies focused on Hart’s Works – outcomes of three doctoral dissertations – and written in Spanish – the first language of the author of this article –, which appeared in a period of thirteen years. 1 On the other hand, the afterwards Anglo-Saxon legal theory seems to have focused its attenti