H. L. A. Hart's Concept of Law and its Critics

Academic Paper from the year 2021 in the subject Law - Philosophy, History and Sociology of Law, grade: A, , course: Western Jurisprudence, language: English, abstract: This article presents an overview of HLA Hart's legal theory, which unites primary and secondary rules to address social defects, including uncertainty, staticity, and inefficiency. Hart proposes the Rule of Recognition to address uncertainty, the Rule of Change to address staticity, and the Rule of Adjudication to address inefficiency. This article will include hart’s criticism of John Austin and Kelsen’s theory. Furthermore, this article will highlight criticisms of Hart's theory by John McCormick and Roger Cottrell and different jurists. Moreover, Hart's elaboration of the ROR will be extensively discussed, including its criteria, functions, and criticisms.