Hart 1994, p.96-97 (Hart emphasizes that “if courts are empowered to make authoritative determinations of the fact that a rule has been broken, these cannot avoid being taken as authoritative determinations of what the rules are.”) Now, why is the decision-making authority with the Supreme court and not with the people? What if the people get together in kins for mutual protest? Law can only be enforced by the majority. When there is general support, law enforces itself. A body is elected which frames the law for everyone. People have to be governed by law to avoid illegal and immoral acts.

For instance, punishment for negligent driving, witch branding, adultery is different at different places. Though main aim of the present laws is to provide justice to the one in need. Also, no one is condemned unheard which leads to the idea that justice is given after hearing both the sides. Law is the product of social consciousness.” This social consciousness started even before sovereignty. It started from the very beginning of the society. Sir Henry Maine, Edmund Burke are the renowned jurists. Brasenose College, Oxford. He authored The Concept of Law one of the seminal works of English-language jurisprudence. He passed away in 1992. In this it is believed that law is a body of government for the administration of justice. Like Positivist theory, this also sees law as will of the state but it is done through administration of justice. They regarded law as a social institution. They believed that laws are not created by state. Laws come from society. The laws are not sanctioned by the state but by the awareness on the part of people.Hart 1994, p.96-97 (“Besides identifying the individuals who are to adjudicate, such rules will also define the procedure to be followed”) Por otro lado, Max Weber, con su meticulosa mirada sociológica, proporciona a Hart una lente para entender el derecho en su contexto social. Hart adopta de Weber la idea del derecho como un tipo de autoridad racional-legal, distinguiéndolo de otras formas de poder. La visión weberiana sobre la legitimidad y la burocracia resuena en el análisis de Hart sobre cómo las reglas son reconocidas y aplicadas en una comunidad. Professor Kecton considers, “the development of Comparative Jurisprudence is the development of two or more systems of law.” However, the term has one meaning.

This now poses another question that What if law proves to be inefficient and no justice is provided? What will be the situation if law turns out to be biased? desirable from the moral point of view to adopt. 2.1.5 Constructive Interpretation of Legal Practice Very few social changes or laws are agreeable to or advance the welfare of all individuals alike. Only laws which provide for the most elementary needs, such as police protection or roads, come near to this. In most cases the law provides benefits for one class of the population only at the cost of depriving others of what they prefer. Provision for the poor can be made only out of the goods of others; compulsory school education for all may mean not only loss of liberty for those who wish to educate their children privately, but may be financed only at the cost of reducing or sacrificing capital investment in industry or old-age pensions or free medical services. When a choice has been made between such competing alternatives it may be defended as proper on the ground that it was for the ‘public good’ or the ‘common good.’ It is not clear what these phrases mean, since there seems to be no scale by which contributions of the various alternatives to the common good can be measured and the greater identified.” The history of jurisprudence certainly doesn't begin with Oliver Wendell Holmes - more on that in a moment - but let's pretend. The justice's famous observation that "the life of the law has not been logic; it has been experience" became the credo of legal realism, the revolutionary idea that law is what judges do, that the degree to which they are bound by written statutes and stare decisis is of their own choosing. This may be cynical - Holmes was something of a misanthrope and nihilist, deeply scarred by his experiences in the Civil War, as told in The Metaphysical Club, Louis Menand's fantastic history of American pragmatism - but it is surprisingly difficult to come up with a coherent theory of law that avoids it.Another feature is, that it was considered to be permanent. It did not end with the death of the king, rather the eldest son of the king became the next ruler, the principle of primogeniture. Although his style of writing may seem often very nuanced, and at times chaotic and unstructured, his points are subtle, relatively easy to grasp (once you pretend you understand them of course, like Yours Truly), and, dare I say, make law fun! Law acts as an instrument to provide justice. Various theorists harped upon the main aspect of justice. They equated law with justice. The answer to the above question is: For every judgement passed by the court there are amendments which ensures that law moves with time. It changes with the changing demands of the society. Also, take the infamous Nirbhaya case which shook the nation. There were no such case laws related to juvenile offenders. After the happening, a panel was formed which recommended tougher punishments for sexual violence. In other words, if a law proves to be of not so use, amendments are made in it. Same is the case of section 377, when it was proved that the law needs to be changed, the Supreme Court gave a green signal and decriminalised the 150+ year old practice. So, just imagine a day without law. A hell lot of problems will arise if there is not any law. We humans are filled with self-interest and our selfishness will override every single thing on this planet. There will be misery all around. There will be war of all against all. Thus, law acts as a guard of all the negative human emotions of life. Law are guidelines which are required to be followed.

The invention of the sail was the greatest turning point in maritime history. Sails replaced human muscle movements, and sailboats were able to travel longer with heavier loads. The first ships used square sails, which were best suited to sail downwind. Side sails were invented later. For instance, Section 377 which was a crime before was ruled out in September 2018 and was legalised in the nation. Although there are still many nations where gay marriages are criminalised. In other words, we can say that, what is a law today can be criminalised tomorrow. This is what makes the nature of law dynamic. Academy and Foreign Honorary Member of the American Academy of Arts and Sciences, and has published a number of books including Between Authority and Interpretation (OUP, 2009) and The Authority of Law (OUP, 2009). De Wittgenstein, filósofo del lenguaje, Hart toma la idea de que el lenguaje no es meramente descriptivo, sino que también tiene una función normativa. En "El Concepto de Derecho", Hart aplica esta noción al ámbito jurídico, sugiriendo que las leyes, como el lenguaje, no sólo describen comportamientos, sino que también establecen estándares y guían acciones. La influencia wittgensteiniana se hace palpable en cómo Hart examina las reglas jurídicas como partes de un "juego del lenguaje", donde las palabras adquieren significado en el contexto de la práctica social.Known as Hart's most famous work, The Concept of Law emerged from a set of lectures that Hart began to deliver in 1952 in which he developed a sophisticated view of legal positivism. Hart revolutionized the methods of jurisprudence and the philosophy of law in the English-speaking world by bringing the tools of analytic, and especially linguistic, philosophy to bear on the central problems of legal theory. Pero la innovación de Hart no se detiene allí. Introduce la idea de "discrecionalidad" en la interpretación y aplicación del derecho. Reconoce que no todas las situaciones pueden preverse en las normas, lo que da lugar a áreas grises que requieren juicio y discernimiento. Esta es una respuesta a las críticas a la rigidez del positivismo jurídico, que a menudo se le reprocha su incapacidad para abordar la complejidad de la vida real. As historical school is concerned with time, this school is concerned about space. It collects and examines rules that are prevalent and the man who agree and disagree with the system and tries to find a system which is natural. Natural system will be the system what all men wanted to have but due to different laws couldn’t.

In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper

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