H.L.A. HART's 'THE CONCEPT OF LAW' (1961) advanced a sophisticated POSITIVIST theory distinguishing:
Answer & Solution
Correct answer: B.
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)_
Related questions
ETHICS in legal research with HUMAN SUBJECTS require:'LIBERAL FEMINISM' in legal theory (Susan Moller Okin, Martha Nussbaum) advocates:RICHARD POSNER's 'PRAGMATIC JURISPRUDENCE' rejects:'ACCESS TO JUSTICE' as a research theme examines:'NATURAL LAW' versus 'POSITIVE LAW' debate centers on:'CONSTITUTIONALISM' as a research theme examines:'SOCIO-LEGAL STUDIES' in India is associated with:'LEX MERCATORIA' (medieval merchant law) and modern transnational commercial law: