Primary and Secondary Rules

Theory
Primary and Secondary Rules
Jurist
H.L.A. Hart
Description

In The Concept of Law (1961), Hart defines a mature legal system as the union of primary and secondary rules. Primary rules impose duties (what people must or must not do); secondary rules are rules about rules — the rule of recognition (identifying valid law), rules of change, and rules of adjudication. This union cures the uncertainty, stasis, and inefficiency of a regime of primary rules alone, and answers Austin's command theory.

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