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Interpretation & evaluation of one theory belonging to H.L.A. Hart in book 'Concept of Law' - Term Paper Example
Author : jarrod75
Pages 7 (1757 words)
Name Institution Date A theory from H.L.A. Hart’s book, The concept of law Introduction The mention of Anglo-American legal philosophy insinuates a ring of one name, that of Herbert Adolphus Hart (H. L. A. Hart). This is with regards to the contribution he placed in corridors of legal philosophy…
However, his perception on positivism may be defined as the pinnacle of his argument. The central perception that makes this topic outstanding in the ears of the audience is the compelling attitude which it triggers from both convictions. Harts seems to perceive a differing conviction on legal positivism as compared to Ronald Dworkin. The focus of this essay will be narrowed on evaluating the perception embraced by H. L. A. Hart, and subsequently evaluating its contribution to contemporary law. Hart presents a valid argument over the challenges anticipated in the dispensation of the law, however, he does not offer an acceptable path towards the establishment of the proposed solutions to the problem. Interpretation The topic of legal positivism has been re-evaluated accordingly following the erupt of various thinkers airing a varying opinion on the subject. The central argument has been the interrelation shared by the theory and other models of the law, especially on the aspect of summation (Coleman 64). Hart argument is distributed in phases, where there exists the primary phase and the secondary phase of execution. The central argument aired by H. L. A. Hart is that the primary rules implicate or impose the observation of the law. This understanding is best exemplified via criminal law, where the law is exercised directly against the injustices and atrocities committed. H. ...