Vol. 3 No.1: NOTES ON JURISPRUDENCE Positivist Theory of Law– H. L. A. Hart: Hart’s Concept of Law

Abstract

Written works on Hart’s theory of Law usually start with clarifying the position this theory enjoys in modern legal positivism and indeed in 20th Century Jurisprudence. First published in 1961, “The Concept of Law” continues to be regarded as one of the most important works of legal philosophy. Following the publication of the second edition of the book containing the “epilogue” which clarifies Hart’s opinions of his theory, this book, the theory and its author remain supreme figures in the world of Jurisprudence. This can be confirmed by his proponents as much as his critiques, the most prominent of which includes Dworkin. In fact, when Dworkin embarked on his mission to define what the law was, his criticism against positivism formed the base of his theory. In his extended and continuously developing critique which is itself a very prominent part of Jurisprudence, Dworkin paid a great deal of attention to criticising Hart’s theory as he contended that Hart’s theory was the “ruling theory of law.” Before studying the actual text of “The Concept of Law” and its critiques, it is first important to understand the platform upon which Hart developed this theory which became a hallmark and defining theory of jurisprudence.