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McCoubrey & White's Textbook on Jurisprudence

McCoubrey & White's Textbook on Jurisprudence (5th edn)

James Penner and Emmanuel Melissaris
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date: 29 February 2024

p. 695. Hart’s Theory of Lawlocked

p. 695. Hart’s Theory of Lawlocked

  • J. E. PennerJ. E. PennerProfessor of Law, University College London
  •  and E. MelissarisE. MelissarisSenior Lecturer in Law, London School of Economics


This chapter explores Hart’s construction of a better theory, in particular in contrast to the theory set out by Austin. The discussions cover the importance of rules; obligation and the internal aspect of rules; the union of primary and secondary rules; the rule of recognition; legal systems and the importance of officials; public international law in Hart’s theory; and the significance of Hart’s theory.

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