158394137-Lecture-9-Hart-s-Concept-of-Law.doc - Answer(soccer must you win the game \u2013 think about sanctions \u2013 is there one if you do NOT win the

158394137-Lecture-9-Hart-s-Concept-of-Law.doc -...

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Answer (soccer) must you win the game – think about sanctions – is there one if you do NOT win the game Are you subject to duty NOT to lose game – What is the POINT of the game? How to win? How to score? Facilitated – to score – rules of the game constitute the game at least to extent HOW you understand how to win – by knowing about scoring rules – know little if know duty imposing rulesIn all games – duty imposing rules – CANNOT hit opponent – VERY little information provided about gamesTHUS – Hart as soon as think of games with rules and social, legal and system of rules – learn a lot about rules NOT only about duty imposing BUT from a different variety rulesSecondary Power Conferring Rulesvs. primary duty imposing – functionof PCR is to facilitate in terms of games and in terms of law – to facilitate BOTH the ability of ordinary citizens to USE the law to get out of it what theywant – oIe. make will – devolve property – USE rules associated with Wills – NOT under duty to do so – KNOW difference between critical reflective attitude – difference between someone who does something stupid and someone who does something against rules – wherebyliable to sanction and understand WHY – use language that expresses that liability – Hart’s Concept of LawElucidate on few concepts and see how link together for understanding of lawSTART with primary rules of obligation and secondary power conferring rules(give facilities to make contract, make wills)oDifference in law with difference between Penal Laws and most Civil CodeoCAN as Austin states that nullity as a sanction – put togetheroBUT Hart – beginning to make sense – that different types of rules carry out different functionsDuty imposing rules – tell about OUTER limits – what NOT allowed to do Power conferring rules tell MORE about what the game is all about SIMPLE difference – PROBLEM with only primary (coercive) rules – do NOT understand variety of rules that exist BUT do not understand what is constructed out of rules LEGAL SYSTEM – constructed NOT only of coercion – oWhat is constructed – IF you live in society that ONLY had primary rules of obligation – like game NOT told how to score RATHER state not allowed to handle football unless goalkeeper – THUS certain basic lacks – things that were missing – like missing in gamesoKEY THINGS MISSING (i) system of rules would be static – b/c how do you know when rule changes – KNOW according to Hart b/c rule that will describe the conditions UNDER which rules change – rule of changefacilitative rule – allows legal system to determine HOW rules change – NOT what Austin states as positive morality – MOST what Hart states lacking from Austin’s coercive model in terms
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of basic rules needed – are about constitutionalising legal system – giving structure/status – o
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