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Mark Rose Group B Jurisprudence Essay 1 Does Hart's theory differ to the 'gunman writ large' situation? When Hart began forming his legal theory a dominant view in legal theory literature was that law is best understood as the command of a sovereign to its subjects. The 'command' theory most actively propounded by, and identified with Austin, explained law as a matter of commands by a sovereign who is habitually obeyed by others, but who does not habitually obey others. There are regular patterns of obedience to these commands, and legal obligations exist insofar as the failure to obey is regularly followed by the application of sanctions. Hart attacks this theory at almost every point. Crucially, he argues that to take the perspective that legal systems are made up of commands backed by threats, does not distinguish the orders of a terrorist or gangster from those of a legal system. The likelihood...

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