Jurisprudence 315 University of Miami School of Law

II. Where does one find the Law?

3. Humans

1. H.L.A. Hart

In reading the materials on HLA Hart, please be sure that you understand and are prepared to define the following concepts:

• Hart's vision of the nature of a rule
• The "internal aspect" of a rule
• The difference between a "habit" and a "rule"
• Whether an external observer could distinguish between a habit and a rule
• When it is proper to criticize someone for breaking a "rule"
• Hart's understanding of the statement "X is obliged to do this"

• The distinction between "primary" and "secondary" rules
• "Rules of recognition"

You might also profit from comparing the Legal Realist vision of conformity to rules -- that rational social actors continually make a calculation as to whether it is in their interests to transgress given the risk of being caught -- with Hart's vision of how (some? most? many?) people feel about rulebreaking.

• Does Hart's view of rules work if there are NO sanctions for rulebreaking?
• Assuming that there are generally sanctions for breaking a rule, does Hart accept that there is nonetheless no legal rule in those cases where it is clear that you can "get away with it" ?

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