H L A Hart

• The Concept of Law, 1961

• Where there is law, there human conduct is made non-optional or
obligatory.
• The idea of obligation is at the core of a rule
• The continuance of pre-existing laws cannot be explained on the basis
of command.
• A rule has an internal aspect
• Rules of obligation supported by social pressure
• Primary rules and Secondary rules
 Primary Rules
Static rules which acquire the character of a legal system through their union with
secondary rules.

Secondary Rules
• Rules of recognition to identify primary rules
• Rules of adjudication
• Rules of change

Professor Hart’s concept based on the distinction between rules creating duties and rules
creating powers.
He says that the acceptance of a rule of recognition rests on social facts, but he does not
concern himself with the reasons why, or the circumstances in which it comes to be
accepted.