The Concept of Law (Clarendon Law) (Clarendon Law Series)

Product Information

Hart believed law is the union of primary rules (rules of conduct) and secondary rules (empowering rules). [12] [13] Primary rules [ edit ] Brasenose College, Oxford. He authored The Concept of Law one of the seminal works of English-language jurisprudence. He passed away in 1992. The idea of the rule of recognition, a social rule that differentiated between those norms that have the authority of law and those that do not. Hart viewed the rule of recognition as an evolution from Hans Kelsen's " Grundnorm", or "basic norm". Now, this poses a question what if the new king is inefficient? No one had the right to remove the king.

Social control refers to mechanisms which regulate individual and group behaviour. E.A. Ross, the famous sociologist believed that it is not the laws that guide human behaviour but it is the belief systems that guide what individuals do. Social control mechanisms can be adopted as laws and norms which control and define human behaviour. Very few social changes or laws are agreeable to or advance the welfare of all individuals alike. Only laws which provide for the most elementary needs, such as police protection or roads, come near to this. In most cases the law provides benefits for one class of the population only at the cost of depriving others of what they prefer. Provision for the poor can be made only out of the goods of others; compulsory school education for all may mean not only loss of liberty for those who wish to educate their children privately, but may be financed only at the cost of reducing or sacrificing capital investment in industry or old-age pensions or free medical services. When a choice has been made between such competing alternatives it may be defended as proper on the ground that it was for the ‘public good’ or the ‘common good.’ It is not clear what these phrases mean, since there seems to be no scale by which contributions of the various alternatives to the common good can be measured and the greater identified.”This school is the only school of jurisprudence which has a definite program which the other schools do not have. They placed a lot of emphasis on the concept of justice. Law is not a mistress, law is a spouse . It stays with you, wherever you go. Law is an invisible force that controls every human being. Law connects us like Life and Water (LAW). All these statements gives the idea that law is universal.

There are two perspectives to this: the external aspect, which is the independently observable fact that people do tend to obey the rule with regularity, and the internal aspect which is the feeling by an individual of being in some sense obligated to follow the rule, otherwise known as the critical reflective attitude. It is from this internal sense that the law acquires its normative quality. The obedience by the populace of a rule is called efficacy. No law can be said to be efficacious unless followed by the majority of the populace. Though an average citizen in a modern state with a developed legal system may feel the internal aspect and be compelled to follow the laws, it is more important for the officials of the society/peoples to have the internal aspect since it is up to them to follow the constitutional provisions which, if they wish, they could ignore without accountability. Yet, the officials must use the internal aspect and accept the standards as guiding their behaviour in addition to also guiding the behaviour of other officials. There was a time when people believed in command of the sovereign. Various Political philosophers have their own controversial statements related to sovereignty. It was regarded as absolute. No power is above superior.

Abstract

Now, why is the decision-making authority with the Supreme court and not with the people? What if the people get together in kins for mutual protest? S]urvival has still a special status in relation to human conduct and in our thought about it, which parallels the prominence and the necessity ascribed to it in . . . Natural Law. For it is not merely that an overwhelming majority of men do wish to live, even at the cost of hideous misery, but that this is reflected in whole structures of our thought and language . . . We could not subtract the general wish to live and leave intact concepts like danger and safety, harm and benefit, need and function, disease and cure; for these are ways of simultaneously describing and appraising things by reference to the contribution they make to survival which is accepted as an aim." Most importantly, the author leaves fully open the possibility that he is completely wrong in his findings on law. This allows his writing to be still relevant today, and pave the way for you to write your story on what you feel law is. Dun Dun DUNNNNNNNN. Por otro lado, Max Weber, con su meticulosa mirada sociológica, proporciona a Hart una lente para entender el derecho en su contexto social. Hart adopta de Weber la idea del derecho como un tipo de autoridad racional-legal, distinguiéndolo de otras formas de poder. La visión weberiana sobre la legitimidad y la burocracia resuena en el análisis de Hart sobre cómo las reglas son reconocidas y aplicadas en una comunidad.