HLA HART

Topics: Law, Legal positivism, Jurisprudence Pages: 2 (714 words) Published: January 7, 2014

Hart brought the tools of analytic, and especially linguistic, philosophy to face the problems of legal theory. But, if we look at the concept that he brought it is same with the Pure Theory of Law that being formulated by Austrian philosophers Hans Kelsen, thought Hart rejected a certain idea or distinctive feature of Kelsen’s theory. Many of Hart's former students became important legal, moral, and political philosophers, including Brian Barry, John Finnis, John Gardner Kent Greenawalt, Neil MacCormick, William Twining, Chin Liew Ten, Joseph Raz and Ronald Dworkin. The Concept of Law is the most famous work of HLA Hart; it was published in the year 1961. This book developed a lot about what we should understand about legal positivism and what is the idea that he brought into the legal law. Firstly, the idea that hart developed in this book was about a different or distinction between primary and secondary legal rules. It explains what is mean by primary and secondary legal rules. Apart from that Hart also give out his own opinion and make a critique of John Austin`s theory. HLA Hart do not agree or takes a different view from John Austin another positivist. According to Hart Austin’s theory accounts only for one kind of rules that confer upon citizens the power to create, modify and extinguish right and obligations in other persons. As Hart points out, the rules governing the creation of contracts and wills cannot plausibly be characterized as restrictions on freedom that are backed by the threat of a sanction. For Hart, the authority of law is social. Social rule exist only because it is actually practice. In order to understand Hart as a critical moral philosopher, it is important to understand the ideology and the analytical basis of his legal philosophy. First of all, we look at the primary rule that he explain and tell us based on his popular legal law books “The Concept of Law”. Primary rules are the rule that imposed obligation or duties. They...
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