H. L. Hart’s Objections to Austin’s and Kelsen’s conception of the legal rule

Abstract

: Philosophy of law has been a continuously evolving field, where thinkers and theorists have debated and questioned the foundational concepts of legal norms and their role in society. One of the most influential scholars in this realm is Herbert Lionel Hart, whose objections to the idea of a "legal norm" have had a profound impact on the modern understanding of the nature and function of law. This paper outlines the main objections presented by Hart to the concept of a "legal norm" proposed by Austin and Kelsen, arguing that it is a command backed by a threat.

Keywords: Philosophy of Law, legal rule, Hart, Kelsen