H.L.A. HART's 'THE CONCEPT OF LAW' (1961) advanced a sophisticated POS…

Question

H.L.A. HART's 'THE CONCEPT OF LAW' (1961) advanced a sophisticated POSITIVIST theory distinguishing:

Accepted Answer

B. PRIMARY RULES (rules of conduct — obligations) and SECONDARY RULES (rules about rules — RULE OF RECOGNITION, RULE OF CHANGE, RULE OF ADJUDICATION); UNION of primary and secondary rules constitutes a legal system

1. H.L.A. Hart (1907-1992), Professor of Jurisprudence at Oxford, transformed analytical jurisprudence with his 'The Concept of Law' (1961).
2. Key concept: UNION of PRIMARY and SECONDARY rules:
3. (i) PRIMARY RULES — rules of conduct imposing obligations (substantive law);
4. (ii) SECONDARY RULES — rules about primary rules:
5. (a) RULE OF RECOGNITION — identifies what counts as law in the system (analogous to Kelsen's Grundnorm but socially constituted, not hypothetical);
6. (b) RULES OF CHANGE — how laws are made and amended;
7. (c) RULES OF ADJUDICATION — how disputes are resolved.
8. Hart criticised Kelsen and Austin: law cannot be reduced to commands or norms alone.
9. Hart vs Dworkin debate (Ronald Dworkin's 'Law's Empire' 1986) is foundational to modern jurisprudence.
10. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — H.L.A. Hart, 'The Concept of Law' (1961, second edition 1994)_

Answer

only morals from law (cf. H.L.A. Hart, 'The Concept of Law' (1961, second edition 1994)) (cf. H.L.A. Hart, 'The Concept of Law' (1961, second edition 1994)) (cf. H.L.A. Hart, 'The Concept of Law' (1961, second edition 1994))

Answer

only commands from threats (cf. H.L.A. Hart, 'The Concept of Law' (1961, second edition 1994)) (cf. H.L.A. Hart, 'The Concept of Law' (1961, second edition 1994)) (cf. H.L.A. Hart, 'The Concept of Law' (1961, second edition 1994))

Answer

only ethics from law (cf. H.L.A. Hart, 'The Concept of Law' (1961, second edition 1994)) (cf. H.L.A. Hart, 'The Concept of Law' (1961, second edition 1994)) (cf. H.L.A. Hart, 'The Concept of Law' (1961, second edition 1994))