Title

The Legal Entrenchment of Illegality

Document Type

Book Chapter

Publication Date

2008

Editor(s)

Matthew H. Kramer, Claire Grant, Ben Colburn & Antony Hatzistavrou

ISBN

9780199542895

Publisher

Oxford University Press

Language

en-US

Abstract

This chapter recounts a number of situations in the American South where legal officials persistently declined to impose penalties for certain crimes (committed against black people) even though the identities of the perpetrators of those crimes were generally known to the legal authorities. It adduces these harrowing facts of American history in order to question Hart's model of the ways in which the activities of legal officials sustain the existence of laws.

Comments

A draft of this chapter was presented at the July 2007 British Academy Symposium on "The Legacy of H.L.A. Hart: Legal, Political and Moral Philosophy."

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