Hart replaced the images of power and violence in jurisprudential imagination by conceiving law as a system of rules upon rules of social practices informed by their own criterion of validity and normative obligation. Before the advent of modern period legal theory was basically dominated by the natural law ideology which was the touchstone for testing the State law. In the modern period, Hobbes for the first time divorced positive law from natural law and made the State law independent of any external criteria. However, Hobbes did not fulfil the task of positivism fully as he did not distinguish between the actual law (“is law”) and the ideal law (“ought law”). His State-made law was not only an existing law but also an “ought” law. » Read more: Hart’s Concept of Law and the Indian Constitution
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Hart’s Concept of Law and the Indian Constitution
December 17th, 2009Posted in Articles
Tags: Advent and Concept Constitution Criterion External Criteria Hart's Hobbes Imagination indian Indian Constitution Internal Structure law Legal Theory Logical Necessity Modern Period of Perception Personal Obedience Positivism Principle Social Acceptance Social Practices sovereign Span The Touchstone Validity