Report of a visit to Prof HLA Hart in Oxford

Walter Ott, Iain Stewart (Translator)

Research output: Contribution to journalArticlepeer-review

Abstract

A translation with extensive annotations and contextual commentary by the translator (author Ott deceased).

In 1985, Swiss legal philosopher Walter Ott visited Herbert Hart in Oxford and made this record of their meeting, which casts novel light on some of Hart’s ideas. Ott engaged Hart in a fresh encounter with the legal philosophy of Gustav Radbruch, particularly Hart’s and Radbruch’s reasons for a minimum content of justice in law. They also discussed the grudge informer, state responsibility under laws of an earlier régime, and questions of the definition and falsifiability of legal theories. Hart surprisingly reported Hans Kelsen as stating, when they had met at Berkeley in 1961, that Hume (and not Kant, and certainly not Wittgenstein) was the greatest philosopher who had ever lived. The translation is accompanied with annotations explaining references, assumptions and contexts.
Original languageEnglish
Pages (from-to)254-261
Number of pages8
JournalJurisprudence
Volume14
Issue number2
Early online date16 Jul 2023
DOIs
Publication statusPublished - 2023

Bibliographical note

Originally published as: Walter Ott, "Bericht von einem Besuch bei Prof. H.L.A. Hart in Oxford" (1987) 18 Rechtstheorie 538–41. Ott is deceased.

Keywords

  • concept of law
  • H L A Hart
  • Gustav Radbruch
  • Nazi law
  • David Hume
  • Walter Ott
  • legal positivism
  • Hans Kelsen
  • retroactivity

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