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Natural law influence on harts theory

  • To him, there is much in natural law theory that any philosophically defensible theory of law must include.
  • To him, there is a need within the society for a system of rules designed to protect persons, property and promises. For these reasons, habits are to be taken and made to rules that are necessary that are to be made in compliance with societal needs
  • Criticizing Bentham, Austin and Kelsen, he stated that rules are imperative or prescriptive rather than indicative or descriptive. Rules have a certain independence or self-legitimating character. Rules are different from commands or norms or pleasure.
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