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)?
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
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?