ABSTRACT

Hart stated that law is concerned with what is, whereas morality is concerned with what ought to be, but he recognised a core of indisputable truth in natural law doctrine. Unlike Bentham and Austin, Hart stated that law is a social phenomenon and not a command of a sovereign backed by coercion. Law is a system of rules which he analysed into primary and secondary rules. Primary rules proscribe basic anti-social behaviour such as theft, the use of violence and fraud. Secondary rules are of three types: rules of change; rules of adjudication; and rules of recognition.