Positivism wasn"t being taken seriously so hart wanted to reestablish it. Distinguish from command theory & responding to other criticisms. Positivism draws a crucial distinction between law and morals. It separates the question is this a law? from the question is this moral/just? . passed by an authority (such as legislature, judicial decisions) sanctions attached to some of them for disobedience. influence out behaviour/provide guidance (through general acceptance, also through our own reason) *even if it"s not necessarily just or moral (p. g. A rule can violate standards of morality but still be law. Conversely, just b/c a rule is moral that doesn"t make it a rule of law. It doesn"t make the assertion that law and morality are separate there are certain cases in which positivism accepts the intersection between laws and morals. Sense of it being publicly acceptable to be discriminatory partially b/c of laws. In these ways laws and morals connect (historical connection)