We have seen in our previous four posts that Hart prepares the ground for his own theory of law by examining the failures of an earlier (19th century) theory of law-i.e. John Austin.
Austin’s theory of law was very simple, perhaps even simplistic.He proposed that law is (or laws are) the commands of a sovereign. Hart systematically dismantled this definition of law.He showed that laws are not commands and that legal systems are not based on what Austin called sovereigns.
Last week we focused on Hart’s additions, amendments, ‘improvements’ to legal theory.
H.L.A. Hart and The Concept of Law [Part 4]
With the last post of the series we revised Hart’s understanding of the relationship between law and morality, positivism and naturalism.
H.L.A. Hart and The Concept of Law [Part 5 of 5]
Today, a podcast reviewing the main elements present in The Concept of Law.