Hartian jurisprudence

Hartian jurisprudence

a name often given to a system of jurisprudence either directly describing the work of the late H. L. A. Hart or a follower or commentator. Hart considered the typical view that the lay person might have of the sovereign's orders backed by threats (a form of thinking associated with John Austin) to be inadequate, describing such situations as pre-legal. His concept of law was rule-based, seeing law as the union of primary and secondary rules. Primary rules impose duties, and secondary rules confer powers, whether public or private. The secondary rules are concerned with primary rules and provide for such matters as change and adjudication. Perhaps the most important secondary rule is that which tests whether a primary rule is valid. This secondary rule is called the rule of recognition. This rule can take any form and may be simple or very complex. At bottom, it turns out to be a sociological fact. This analysis of law as a system of rules is often compared and contrasted with KELSINIAN JURISPRUDENCE.
References in periodicals archive ?
analytical legal positivism, has lost a sense of itself after Dworkin's challenge to Hartian jurisprudence and became absorbed by the family dispute between hard (or exclusive) and soft (or inclusive) conceptions of legal positivism.