Abstract
* Faculty of Law, University of Southampton. I have benefited greatly from opportunities for discussing with John Finnis, Joseph Raz and Jim Harris the ideas covered in this article during various stages of postgraduate study at Oxford. SEssays on Bentham (Clarendon Press: Oxford, 1982), Essay VIII: 'Legal Powers'--hereinafter, Hart. 2 Hart, 195 f. 3 Hart, 198. 4 Hart, 194 f. 5 I have amended Hart's examples in a number of minor respects for present purposes. Examples (3) and (9) are contracted instances of the fuller examples given by Hart at these points; in the original example (12), Hart describes the power-holder as 'an owner of a property'; in general, where Hart speaks of the powers of the holder I have given a singular instance.
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