JLC-110 FA2 Lecture 15: WLT 11/15 Hart, A More Recent Positivist Conception of Law
15 Nov 2016
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Document Summary
A more recent positivist conception of law , hart. Sociological jurisprudence aims to describe the function of law in society; more empirical than normative. Austin"s model of law as the sovereign"s coercive orders failed to reproduce some of the salient features of a legal system according to hart. Hart is attempting to update this definition and make it more contemporary. Ways austin"s theory fails to fit the facts. Laws apply to those that make them as well as to others; criminal statutes apply to their authors as well. Some laws confer public and private powers that cannot be said to be backed by threats, ex. marriage, purchase and sale of property. Some laws don"t arise from explicit prescription, ex. Supreme court interpret laws and create precedent but do not officially make laws. Legislative authority is continuous; laws created by former legislators are still valid after they no longer have the power to legislate.
