Hart's Legal System
Topic 4: Hart’s Legal System
i) Law as the Union of Primary and Secondary Rules, H.L.A. Hart, The
Concept of Law 79-99 (2nd ed., 1961) 84 ii) The Foundations of a Legal System, H.L.A. Hart, The Concept of
Law 100-123 97
Q’s
Rule of Recognition, Legal positivism, Internal and External Aspects of Rules,
Criticism of “ Predictive Interpretation of Austin
Distinction between ultimate rule of recognition and the supreme criteria of validity
Difference between Kelsen Grundnorm and the rule of Recognition
Union of primary and Secondary rules
CN
Primary Rules acquire the character of a Legal System through their union with secondary rules. So this Union creates duties and rules creating powers to create, extinguish, modify and adjudge as well as rule of recognition with which to identify primary rules.
3 types of secondary rules
Primary Rules +Secondary rules = Law = Legal System
Hart’s Views :
1) ROR lay down the test which have to be satisfied by all means and criterias to become a valid rule,
ROR is the “ standard that empowers and governs the actions of officials”
Eg. : CrPC
Officials : Hart has not clearly distinguished between those of a State and those of a Company.
Per Hart in simpler forms of Society we must wait and see whether a rule gets accepted or not in a System with a basic rule of recognition. Therefore we can say before a rule is actually made that it will be valid if it confirms to the requirements of ROR.
2) In Hart’s view, ROR arrives out of a convention amongst officials whereby they accept the rules criteria as standards that empower ad govern their actions.
3) The Rule is cognizable from the Social Practice of Officials acknowledging the rule as a legitimate standard of behavior.
Three Purposes
- To establish a Test for The Rules
- to confer validity in form of a statute
- To unify laws in a legal system,
Dice’s Criticism of Hart’s Theory
1) He fails to recognize this theory at
i) Law as the Union of Primary and Secondary Rules, H.L.A. Hart, The
Concept of Law 79-99 (2nd ed., 1961) 84 ii) The Foundations of a Legal System, H.L.A. Hart, The Concept of
Law 100-123 97
Q’s
Rule of Recognition, Legal positivism, Internal and External Aspects of Rules,
Criticism of “ Predictive Interpretation of Austin
Distinction between ultimate rule of recognition and the supreme criteria of validity
Difference between Kelsen Grundnorm and the rule of Recognition
Union of primary and Secondary rules
CN
Primary Rules acquire the character of a Legal System through their union with secondary rules. So this Union creates duties and rules creating powers to create, extinguish, modify and adjudge as well as rule of recognition with which to identify primary rules.
3 types of secondary rules
Primary Rules +Secondary rules = Law = Legal System
Hart’s Views :
1) ROR lay down the test which have to be satisfied by all means and criterias to become a valid rule,
ROR is the “ standard that empowers and governs the actions of officials”
Eg. : CrPC
Officials : Hart has not clearly distinguished between those of a State and those of a Company.
Per Hart in simpler forms of Society we must wait and see whether a rule gets accepted or not in a System with a basic rule of recognition. Therefore we can say before a rule is actually made that it will be valid if it confirms to the requirements of ROR.
2) In Hart’s view, ROR arrives out of a convention amongst officials whereby they accept the rules criteria as standards that empower ad govern their actions.
3) The Rule is cognizable from the Social Practice of Officials acknowledging the rule as a legitimate standard of behavior.
Three Purposes
- To establish a Test for The Rules
- to confer validity in form of a statute
- To unify laws in a legal system,
Dice’s Criticism of Hart’s Theory
1) He fails to recognize this theory at