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Frontmatter -- Contents -- Preface -- List of Main Works by H.L. A. Hart -- 1. Introduction to the Second Edition -- 2. Hart: Moral Critic and Analytical Jurist -- 3. Hart's Conception of Law -- 4. Social Rules -- 5. Morality, Positive and Critical -- 6. Obligation, Duty, Wrongdoing -- 7. Powers and Power-Conferring Rules -- 8. Rights -- 9. The Legal Order I: Primary Elements of Law -- 10. The Legal Order II: Secondary Rules -- 11. Judicial Discretion and the Judicial Role -- 12. Sanctions, Punishments, Justice -- 13. Law, Morality, and Positivism -- 14. Epilogue -- Notes -- Index

In this short but authoritative book, the nature and purpose of the European Constitution are explained by someone involved in its preparation. The author discusses how it was drafted, and tackles some much debated questions: whether it promises any enhancement of democracy in the EU, whether it implies that the EU is becoming a superstate, and whether it will strengthen the principle of subsidiarity and the protection of human rights.

Is legal reasoning rationally persuasive, working within a discernible structure and using recognisable kinds of arguments? Does it belong to rhetoric in this sense, or to the domain of the merely 'rhetorical' in an adversative sense? Neil MacCormick tackles these questions to provide a comparative analysis of legal reasoning.

What makes an argument in a law case good or bad? This book examines this and other questions central to the study of jurisprudence. Care has been taken to make the legal elements of the book readily accessible to non-lawyers, and the philosophical elements to non-philosophers.