On 2nd of November the chapel was packed-out for the first in the Principal’s series of talks on Great Brasenose Lawyers celebrating the life and works of H.L.A. Hart. It was a pleasure to be joined by members of the Hart family and many others who knew Hart personally; as a result we were treated to a number of personal stories. Andrew Burrows, a former Brasenose law student and a honorary fellow of Brasenose and Oxford Professor of the Laws of England, recalled introducing himself to Hart as a Fresher. After telling Hart what subject he was studying, he asked: ‘you wouldn’t happen to know anything about law would you?’
Those who know Hart’s work will, of course, realise that the answer to that question is a resounding yes. However, it was also fascinating to hear about the man himself. Nicola Lacey, Hart’s biographer, painted an absorbing portrait of the man from his roots in a large Jewish family through to his time in the intelligence service and ultimately to academia. The contradictions in Hart’s life came through, he was a man who inspired great reverence with a fierce intellect but who lacked self-confidence and often worried about failure.
In his early days at Brasenose, we were told Hart admitted to being confused as to whether Brasenose was a College or an Athletic Association. However, in his time at the College he cemented Brasenose’s reputation for academic excellence both by his policy and his personal example. Hart was keenly remembered by his former students for his wit and charm and his contribution to College life, organising lectures and advancing the arts. Perhaps, the only one of Hart’s additions to Brasenose that has not stood the test of time was the yellow lino he installed in the Principal’s lodgings!
Leslie Green explored ‘The Concept of Law’, Hart’s greatest known work, which, in his opinion, more or less made the subject of jurisprudence in its modern form - high praise indeed from Balliol College’s Professor of the Philosophy of Law! Hart’s theory of law as a social institution which is ultimately identified by social facts has influenced generations of scholars of legal philosophy. For Hart it was essential to understand law as something of society and as a system of social rules that went beyond simply governing our behaviour. Leslie Green informed us that Hart saw works of legal philosophy as a gateway to the ideas that lay beneath them, rather than something that should be treated as a sacred test. A salutary lesson for the student of Hart, the legal philosopher, and the student in general, that they should explore their own thoughts and treat the work of others in a respectfully critical, not referential way.
The evening was concluded by John Gardner, a former Fellow of Brasenose and now Professor of Law and Philosophy in the University of Oxford, who explored Hart’s 1968 work ‘Punishment and Responsibility’. He sought to place the work in the context of Rawls ‘A Theory of Justice’; aptly demonstrating an impeccable division of labour between the two philosophical giants which reinvigorated philosophical thought. John Gardner was also anxious to head-off a common criticism of ‘The Concept of Law’ as an arid conceptual tome. He demonstrated that Hart’s work as a whole had clear critical implications and a keen awareness of issues of justice and the rule of law.
As a student of Jurisprudence and H.L.A. Hart in particular, the evening was a delightful exploration of how Hart’s work could be fitted into the life of the man. Those in attendance were left with a renewed in interest in the life and work of Hart and an appreciation of his unique contribution to Brasenose and the study of legal philosophy. Many thanks are owed to Nicola Lacey, Leslie Green, John Gardner and all those who contributed to the event.
By Paul Fradley (3rd Year Law student)