DANCEST 805 Lecture Notes - Lecture 18: Ronald Dworkin, Legal Certainty, Legal Positivism
Document Summary
The normative question: the question of the nature of law is asked in the context of a decision-making procedure, making it a normative question. It addresses the issue of what is to be done, and the underlying assumption is that the law determines what is to be done. The conceptual question: the conceptual question aims at insight into the nature of law but not at answering the question what is to be done. Primary rules: rules that aim to guide behavior. Secondary rules: rules that organize the legal system itself. Hart held the view that law consists of rules that have been made, or are at least enforced by the state. In his book, the concept of law, hart focused on characteristics of law and saw law as a social phenomenon. Hart held that law consists of: which rules count as law.
