An Evaluation Of Herbert L. A. Hart’s Concept Of Rule

ABSTRACT Hart’s The Concept of Law (1961) argues for a complex legal positivism which finds the source of legal authority in the acceptance by a community of a system of rules which is grounded in a fundamental rule of recognition that determines what is to be included among the legal rules. This sought to offer an alternative explanation to the concept of law differently from the popular utilitarian command doctrine which sufficiently describes criminal law, but is limited in describing legal system generally. This, of course, expresses the idea of obligation which takes law as a guide for b…