Study questions on Hart, Ch. 5

1) What is the difference between Hart's theory of a social obligation on pp. 85-88 and the idea of a duty of fair play (see esp. p. 87)?

2) On p. 89, Hart speaks of an extreme external point of view. What is that point of view? Is there a less extreme external point of view that is not yet an internal point of view? In answering this question, consider Hart's own point of view on legal systems and other social rules. Is Hart's own point of view when writing the Concept of Law internal or external?

3) In what sense is a rule offered as a reason for hostility (p. 90)? Is it similar to the way a moral rule is offered as a reason for hostility to those who break it?

4) Hart draws a distinction between types of secondary rules: rules of recognition, rules of change, and rules of adjudication. What is the difference between a rules of recognition and rules of change? Aren't rules of change enough?

5) Hart draws a distinction between power-conferring and duty-imposing rules. Is a rule of recognition a power conferring or a duty imposing rule?