The Concept of Law Themes

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Primary and Secondary Rules

Perhaps the most important distinction that Hart draws in The Concept of Law is that between primary and secondary rules of obligation and law. Hart denies that the concept of law is monistic but instead sees the union of these two concepts as comprising an adequate analysis of the idea. Primary rules govern all physical movement and change made by human begins and objects associated with them. These rules include rules against murder, theft and fraud, and all societies have some form of them. They are required in order to have societies at all. However, societies that only have primary rules are at a great disadvantage because they have no way to analyze these rules and build on them. They cannot adjudicate claims efficiently or enforce rules of justice across large groups.

Thus, many societies develop secondary rules putting forth that all primary rules to...

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This section contains 810 words
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