Abstract

H. L. A. Hart's legal theory is a theory of legal order as an order of rules. These rules are a particular variety of social rules that derive from social sources and exist in virtue of social practices. For Hart, these social rules depend on, or express, the attitudes of human beings toward their own and other humans' conduct as well as their ways of acting and interacting with each other as conscious agents. As a jurist, Hart addressed the explanation of laws as social rules and the explanation of social rules and rejected the notion that rules are some kind of command or imperative. He highlighted an “internal aspect” of social rules as against mere habits and external regularities of behavior. Moreover, he proposed a new route to the explanation of social rules dependent on what may be called a “hermeneutic” approach. Hart's practice theory of social rules, and by implication, legal rules as a special type of social rules, makes a distinctive, original, and valuable contribution to jurisprudence.

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.