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H.L.A Hart

Terms in this set (12)

4 reasons for criticizing law as sanction
1) All law was not made by sovereign; some pre-existed sovereign. 2) all laws are not backed by sanction, some empower or delegate authority. 3) Democracies and republics don't have an identifiable sovereign. 4) laws are applicabe to everybody even those who create them
Separability theory
law is its own autonomous system, separate from science and morality
Complete legal system
requires primary rules, which create obligations or duties; and secondary rules that guide the creating of the primary rule (ex: constitution).
Law is...
1) in itself a reason for action; 2) it is objective "IF you want to know what law is look at it from the perspective of the law abiding citizen" 3) what the text says it is; no reason to look outside of the text 4) concerned with creating true obligations
Obligation is created where...
social pressures insist on conformity and the restriction of deviation from rules
Law is not...
only concerned with predictions of consequences
Rule of Recognition (secondary rule)
identifies where the rule comes from and which rules are valid
Rule of change (secondary rule)
allows old rules that are no longer efficient to be eliminated and replaced with better ones.
rules of adjudication (secondary rule)
are authoritative settle disputes regarding unclear law; define the correct procedure to be followed
Morality is used...
to criticize the law.
rules or laws can be
based on social contexts and developed out of that context
law correlates to...
rules
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