Herbert Lionel Adolphus Hart's Theory Of Law

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Herbert Lionel Adolphus Hart (1907-92) is a very crucial pillar in the world of modern Anglo-English theory of law. Legal positivism has enormously evolved and expressively refined in many aspects by many a follower. The problem with this theory of law is that it contains a large amount of pluralism, and is fragmented theoretically to such an extent that no positivist can fully agree with one another. The two mainly classified positivists “Inclusive” and “Exclusive” differ with each other and try to prove the other wrong even within their camps. However Hart’s theory shadows all these agreements and disagreements, as his theory remains by far the most consistent internally, and a very interesting one too. This is the reason that we need to…show more content…
He received his B.A. degree, from the Oxford University, after which he studied law, and in the year 1932, was admitted to the bar. He practiced law for 9 years as a chancery barrister following which he became a part of the British War Office during the World War II. He then went on to teach philosophy at New College, Oxford and then was appointed as Professor of Jurisprudence in the University of Oxford. During this period, he wrote a lot of works that expressed his ideas such as Causation in the Law (1959, with A.M. Honore), Law, Liberty and Morality (1963), Of Laws in General (1970), and Essays on Bentham (1982). But the most noteworthy of these works is The Concept of Law and one of the most original documents in the twentieth century. Considered as a masterpiece by the person with immeasurable contribution in his field, is defined by its elegant use of language and presence of very balanced arguments have promoted and nurtured a large growth in the quality and quantity of education in the area of law. In this, his view of law and legal theory is engraved, wherein he puts forward a very benevolent and new approach to Natural Law which he largely attributes to his conversations with late G.A. Paul of Oxford. The book reflects, as clear as a mirror, the influence of two giants in the field of Analytical Jurisprudence that are John Austin and Hans Kelsen. However, a large part…show more content…
What are rules and to what extent is law an affair of rules? He differentiates between rule governed behaviour and habitual behaviour. To the “external” observer it might be one and the same thing but “internally”, rule governed behaviour have a justification, a reason, which can thus makes it open to criticisms and corrections if not followed. He puts rules as “normative” whereas habits as something different not exactly relatable to

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