Hart's Theory

When the Heart theory heart began to form his legal theory, the mainstream view in legal theory literature is that the law is best understood as sovereignty over that subject. Austin's most positive, "orderly" theory is consistent with Austin and interprets the law as commander of a sovereign who loves others, but does not love others. Since sanctions are normally imposed if you do not comply with the rules, these orders have a normal submission pattern and have legal obligations.

The discussion between Heart and Fuller brought about debate and argument. In this article I will describe three concrete arguments advocated by Heart and Fuller, criticism of Hearts' theory, and the refutation of the reasoning behind the idea that Fuller is confusing legal system and morality. The starting point is to see ideals and reasoning behind Heart's theory. Heart can be regarded as a positivist in the 20th century, what he thinks is law and how should the law be? This means that there is a difference between law and morality. First, Heart explained how rules that give entitlements need to be ethical rules, or do not need to match it. He further stated that the rights exist in the form of rules, games, and many other areas governed by judicial problems, or rules not related to what the law should be.

Professor Hart developed a theory to describe contemporary law separately in "primary" and "secondary" rules. Professor Heart's "main" rule is an order or ban that is explicitly banned in the criminal law - do not steal. According to Professor Hart's "secondary" rule, it is the rule that determines whether the "main" rule is broken. Such a rule is an approval rule on the effectiveness of a rule. Another important aspect of Professor Hart's theory is the "open texture" theory, which refuses to accept that he may have uncertainty in the law due to different opinions. Instead, he attributed the so-called "hard case" to English and its interpretation. He further stated that the discretion of the court must be used wisely and that moral and social issues must be taken into account.