A distinction between primary and secondary legal rules, where a primary rule governs conduct and a secondary rule allows the creation, alteration, or extinction of primary rules. urn:lcp:conceptoflaw00hart:epub:100f9cbc-cd6e-4fac-bb34-835c0ce62b45 Extramarc Brown University Library Foldoutcount 0 Identifier conceptoflaw00hart Identifier-ark ark:/13960/t50g4rd7c Isbn 9780198760726 This school says there isn’t a connection between law and morality. For example, Judges may not want the landlord to evict the elderly old lady from the land on which the rent is overdue. Though the laws may say that if the rent is not paid, the defaulter has to vacate the land. Positivist law school says that judges should decide cases in accordance to law and keeping aside their morals.

These laws establish an interconnection between society and laws. Both Historical and Philosophical schools caused a hindrance to social and legal reforms, as a result Sociological school was formed. Professor Kecton considers, “the development of Comparative Jurisprudence is the development of two or more systems of law.” However, the term has one meaning.Also, keep the following in mind. Hart wrote it that way on purpose. In his odd structuring lies a hidden point. Law as a bundle of words pretends to be perfectly structured, yet often isn't, and that is where the function of the lawyer lies. And perhaps even the function of the legal philosopher.

According to Positivist school, law is the command of the sovereign. It says that decisions can be made logically from predetermined cases and ignoring the moral aspects. It is also called Analytical school. Postema, Gerald (2011). Enrico Pattaro (ed.). Legal Philosophy in the Twentieth Century: The Common Law World. A Treatise of Legal Philosophy and General Jurisprudence. Vol.11. Springer. p.261. Law is the product of social consciousness.” This social consciousness started even before sovereignty. It started from the very beginning of the society. Sir Henry Maine, Edmund Burke are the renowned jurists. If there was only one person who made all the laws, is he competent enough to frame laws for all the sectors of the society? The laws made by King could not be questioned. Whatever the king said, prevailed.As a matter of fact, the first boat; it was in the form of a simple frame made of interconnected rods and sewn animal hides that skillfully covered them. These boats could easily carry large and heavy loads. Information about similar old boat examples; You can find it among bull boats, Eskimo canoes, and British Islander merchant ships on the North American plains. In addition to these, another old-style boat is the one carved from the log and the ends of which are sharpened. Some of these were 60 feet (approx. 18 m) long.

Hart believed law is the union of primary rules (rules of conduct) and secondary rules (empowering rules). [12] [13] Primary rules [ edit ]

Law can only be enforced by the majority. When there is general support, law enforces itself. A body is elected which frames the law for everyone. People have to be governed by law to avoid illegal and immoral acts. There are no legal systems that can be classified as pareto optimal. The next best thing is to make sure that the system does not remain at a static quality but instead is dynamic and progressive. The remedy for the static quality of the regime of primary rules are rules of change. [20] Generally, rules of change confer and prohibit power of the creation, extinction and alteration of primary and secondary rules. Rules of change range in complexity: “the powers conferred may be unrestricted or limited in various ways: and the rules may, besides specifying the persons who are to legislate, define in more or less rigid terms the procedure to be followed in legislation.” As mentioned earlier, rules of change are interdependent with the other rules. Hart emphasizes the “close connection between the rules of change and the rules of recognition.” Where rules of change exist, rules of recognition "ʺwill necessarily incorporate a reference to legislation as an identifying feature of the rules, though it need not refer to all the details of procedure involved in legislation.” [21] Rules of adjudication [ edit ] Lacey, Nicola (2006). A Life of H.L.A. Hart. Oxford: Oxford University Press. p.224. doi: 10.1093/acprof:oso/9780199202775.003.0010. ISBN 9780199202775.

Ideas about the rule of law have been central to political and legal thought since at least the 4th century bce, when Aristotle distinguished “the rule of law” from “that of any individual.” In the 18th century the French political philosopher Montesquieu elaborated a doctrine of the rule of law that contrasted the legitimate authority of monarchs with the caprice of despots. It has since profoundly influenced Western liberal thought. De Wittgenstein, filósofo del lenguaje, Hart toma la idea de que el lenguaje no es meramente descriptivo, sino que también tiene una función normativa. En "El Concepto de Derecho", Hart aplica esta noción al ámbito jurídico, sugiriendo que las leyes, como el lenguaje, no sólo describen comportamientos, sino que también establecen estándares y guían acciones. La influencia wittgensteiniana se hace palpable en cómo Hart examina las reglas jurídicas como partes de un "juego del lenguaje", donde las palabras adquieren significado en el contexto de la práctica social. Lawyers can look into literature as a rich source of certain forms of knowledge. Law is what everyone of us look forward to. Thus, there is a need for a body to make laws for everyone keeping aside the biases. Also, Supreme court of India, in July 2018, passed a judgement ensuring that justice is the law’s business and not mob’s. Furthermore, the Indian constitution guarantees justice for all.In fact, laws are the rules that bind human together. Without laws, man can become worse than an animal. Law is a necessity for the nation to prosper. The rules are made by man, enforced by man, on the man. Very few social changes or laws are agreeable to or advance the welfare of all individuals alike. Only laws which provide for the most elementary needs, such as police protection or roads, come near to this. In most cases the law provides benefits for one class of the population only at the cost of depriving others of what they prefer. Provision for the poor can be made only out of the goods of others; compulsory school education for all may mean not only loss of liberty for those who wish to educate their children privately, but may be financed only at the cost of reducing or sacrificing capital investment in industry or old-age pensions or free medical services. When a choice has been made between such competing alternatives it may be defended as proper on the ground that it was for the ‘public good’ or the ‘common good.’ It is not clear what these phrases mean, since there seems to be no scale by which contributions of the various alternatives to the common good can be measured and the greater identified.” It was in search of this spirit of law that I turned to Hart's book. Hart describes in few words the nature of laws; " we are in the realm of fiction. It is only because we adopt this fiction that we can talk solemnly of the government 'of laws not men'". How is it that this myth that we call law guides our behaviour? Definitely not because of a fear of punishment. Because people don't just follow laws they also defend laws and at some moments are even inspired by it, just like Justice Khanna. So, what if a particular sector of society is unhappy with the existing law? They had no right to question the king. Thus, Austin’s theory focused on supremacy. A few lines from a poem which can elaborate on his theory- Simpson, A. W. Brian (2011). Reflections on 'The Concept of Law' . Oxford University Press. p.1. ISBN 978-0199693320.