The Concept of Law - Chapter 5, Law as the Union of Primary and Secondary Rules Summary & Analysis

This Study Guide consists of approximately 30 pages of chapter summaries, quotes, character analysis, themes, and more - everything you need to sharpen your knowledge of The Concept of Law.
This section contains 538 words
(approx. 2 pages at 400 words per page)
Buy The Concept of Law Study Guide

Chapter 5, Law as the Union of Primary and Secondary Rules Summary and Analysis

Hart begins the chapter by (famously and significantly) distinguishing between primary and second rules. Rules of the first sort impose duties; rules of the second confer public and private powers. Primary rules apply to actions that involve movement or change in the physical world. Secondary rules apply to operations that apply to both movement and change and the creation and variation of duties and obligations. This distinction, Hart will show, makes sense of many difficulties heretofore unsolved in the theory of law.

Hart wants to explain how laws make human conduct obligatory. Obligation is not merely about what individuals believe themselves to be obliged to do but what they in fact must do to avoid doing wrong. Austin and others understand obligatoriness in...

(read more from the Chapter 5, Law as the Union of Primary and Secondary Rules Summary)

This section contains 538 words
(approx. 2 pages at 400 words per page)
Buy The Concept of Law Study Guide
Copyrights
BookRags
The Concept of Law from BookRags. (c)2016 BookRags, Inc. All rights reserved.
Follow Us on Facebook