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Harts conception of law.  

Member rating: 8 out of 10 stars (1 vote) | Words: | Submitted: Mon Jun 19 2006

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At first impression Harts conception of law, as a symbiotic relationship between primary and secondary rules, and more importantly the internal aspect seems valid. However in his attempts to define "What is Law" he has wandered into the social elements of law and how it relates to the group living under a legal order. Hart's interpretation of law falls into the pitfalls it was meant to avoid, mainly that law is a set of rules, claiming the union of primary and secondary rules distinguishes it from primitive societies who are governed under the rule of custom and tradition. Defining the internal aspect is important before continuing the discussion for it is an integral part of Hart's conception of law. Harts concept of the internal aspect distinguishes between social rules and social habits. The latter is merely convergent behaviour of people within a social group, for instance, people waking...

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