Hart's Concept of a Legal System - Law Assignment

Assignment Task

THE CONCEPT OF LAW,
Ronald Dworkin, "a paradigm for jurisprudence. .I The purpose of this Article is to examine critically an important element inProfessor Hart's concept of law, the concept of the existence of alegal system. The first two sections of this Article will elucidate the"two minimum conditions necessary and sufficient for the existenceof a legal system,"I as well as clarify the relationship between Hart'sconcept of a legal system and his concept of law. The second sectionwill focus on Rolf Sartorius's critique of Hart.The third section contains a clarification andassessment of therationale behind the two minimum conditions for the existence of alegal system, particularly the first minimum condition, which requires that private citizens need only obey the valid rules of a legalsystem. The third section will be concerned also with Hart's conceptof authority, a concept of great interest recently to social scientistsand philosophers,3 which might seem rather unrelated to Hart'sconcept of the existence of alegal system. After all, Hart does noteven examine formally the concept of authority in THE CONCEPT OFLAW; in fact, early in the book he says that one cannot "profitablyuse, in the elucidation of law, the notion of a command," because"the element of authority involved in law has always been one of thein the path of any easy explanation of what law is."' Nevertheless, Hart maintains that the coercive power of law presupposes its accepted authority,5 and a key point in his attack againstJohn Austin's model of law' is that the sovereign's coercive orderscannot "account for the continuity of legislative authority characteristic of a modern legal system."7 Furthermore, much of the rationale for the two minimum conditions for the existence of a legalsystem is developed in Hart's discussion of the continuity.

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