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Interpretation & evaluation of one theory belonging to H.L.A. Hart in book 'Concept of Law' - Term Paper Example

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Interpretation & evaluation of one theory belonging to H.L.A. Hart in book 'Concept of Law'

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. L. A. Hart proceeds to argue that for the primary law to be effective, there needs to be a set of regulation that enacts its enforcement. To this, H. L. A. Hart presented the existence of the secondary phase of law. His assertion on the secondary phase identified various check mechanisms that steer towards the realization of an effective justice system (Hart 89). H. L. A. Hart harbours an opinion that the exercise of the law revolves around the presence of a sufficient check system that ensures its observation is based or founded on the platform of fairness and equity. In the quest to offer an elaborate illustration of this perception, H. L. A. Hart proceeds to illustrate a set of options that are embroiled under the secondary phase. This is captured under a set of rules that aim at reinforcing the continuity of the primary phase. In his opinion, the rules include the rule of the acknowledgement where the public is invited to share opinions on the course taken by the law. Subsequently, the stipulations of the law will further be analyzed via the involvement of supplementary quantification mechanism. On reference, there are options such as the rule of alterations, commonly referred to as the rule of change. The central argument aired alongside this proposal is the perception that rules can be established, altered or redeveloped to match the task of reference (Hart, 78). This implies that the law is never static; a fundamental understanding which Hart believes can only be reinforced via the embrace of the secondary phase of law. Subsequently, Hart is convinced that their desires to be established a set of stipulations that are to be undertaken upon the corruption of the law. This includes issues such as immediate therapy upon the dissemination of the inappropriate or erroneous law. On this regard, Hart proposes the embrace of the rule of Adjudication as a methodology of ensuring that the dissemination of the law is undertaken via the justified manner. A deeper analysis of this perception indicates that the incidences upon which the law is observed ...Show more
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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…
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