The Concept of Law (1961) by H.L.A. Hart is a landmark work in legal philosophy that revisits and critiques earlier theories of law and social control. Hart argues that law is a complex social construction, not inherently linked to justice or fairness. He challenges John Austin’s “Command Law” theory, emphasizing that law includes both formal rules enforced by authority and informal social rules upheld by community acceptance. Hart distinguishes between primary rules (which govern behavior) and secondary rules (which empower authorities to create and interpret laws), highlighting how legal systems evolve through these mechanisms. He rejects the idea that law naturally aligns with morality, viewing law as a human-made, arbitrary system recognized by authoritative bodies—a perspective known as legal positivism. Hart’s work remains foundational in jurisprudence, influencing law, sociology, and philosophy.
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