ULAW - Legal Positvism

What does Hart argue about law's normativity?

Hart suggests that law's normativity gives us reasons to act, which cannot be wholly explained by prudence.

What critique does Hart make against Austin's command theory?

Hart argues that command theory fails to account for power-conferring rules and the internal obligations people feel toward the law.

What distinguishes a valid law according to the criteria of legality?

A legal norm is established when a rule is announced by a court.

Legal System

An established set of laws and institutions that govern a society.

Descriptive Jurisprudence

A field of study that seeks to describe and analyze existing legal systems without normative judgments.

Normative Jurisprudence

A field of study that explores the principles and values that should inform the creation of laws.

H.L.A Hart

A prominent legal philosopher known for his contributions to legal positivism and theories of law.

J.L Austin

A legal theorist known for his ‘Command Theory’ of law, which describes law as commands from a sovereign.

American Realism

A legal theory emphasizing the importance of real-life experiences and facts in the practice of law.

Ordinary Language Methodology

An approach to studying law that emphasizes the use of common language and everyday expressions to gain legal insights.

Legal Normativity

The characteristic of legal norms that compels individuals to act in certain ways.

Social Rule

A rule that is accepted and followed within a specific community or legal system.

Sanctions

Consequences that are applied to enforce laws and regulations.

Law

A collection of rules and regulations meant to govern a society and community.

H.L.A. Hart

A legal philosopher who proposed the theory of legal positivism, emphasizing primary and secondary rules.

Legal Positivism

The belief that law is a human construct and can be defined by social facts.

Natural Law

The theory that what is considered law is derived from moral principles, often seen as universal.

Separation Thesis

The idea that what the law is and what it ought to be are separate questions.

Social Fact Thesis

The theory that laws are identified by their source in social facts, rather than by moral evaluations.

Criteria of Legality

Criteria that distinguish legal norms from non-legal norms.

Law’s Normativity

Hart argued that law's normativity gives individuals reasons to act beyond mere compliance due to fear of sanctions.

Theory of Adjudication

American realists' approach focusing on the application of scientific methods to understand law and how judges decide cases.

Command Theory

A theory that defines law as orders issued by a sovereign that are backed by threats of sanctions.