Essay on Professor Hart’s Legal Theory (for University of London Jurisprudence Module)
Identify the sovereign in terms of everyday life, and the idea of a sovereign
is fundamental to Austin’s theory of law because remember, according to Austin, law is a command of the sovereign. Hart also asks, in terms of sovereignty, what happens when the sovereign changes?
How and why do we deal with continuity when the sovereign may die? Do you agree or disagree with Hart’s critique? Do you consider it to be a fair and accurate representation of Austin’s work – to therefore, be a valid criticism in itself?
What does Hart agree with Austin about? what do all types of positivism have in common?
