Hart Flashcards
How does Bentham define commands?
He defines commands as expressions of desire for someone to act or refrain from acting in a certain way, backed by the threat of punishment
What objections does Hart make to Bentham’s definition of command?
Hart objects to Bentham’s definition on the grounds that it focuses to narrowly on the coercive aspect of commands and overlooks voluntary compliance, it fails to account for the internal aspect of law, and it does not adequately capture the complex social phenomena that constitute legal sanctions
What does Hart think is the correct description of what a commander intends in issuing a command?
He argues that a commander’s intent in issuing a command is to invoke a normative framework within which compliance is expected and understood
In what ways do those who are commanded need to view commands in order for a society of such people to constitute the embryo of a legal system?
For a society to constitute the embryo of a legal system, those who are commanded need to view commands as authoritative directives that carry a moral obligation to comply, even in the absence of threats
What is lacking in (4) to have a fully developed legal system?
The establishment of a comprehensive and institutionalized legal framework that includes not only commands but also legal institutions, procedures, and principles of adjudication
What does Hart have to say about the relationship between law and morality?
Hart argues that law and morality are distinct but intersecting phenomena and that law is not wholly dependent on moral principles and values
Which objections does Hart consider to his view on the relationship between law and morality, and how does he evaluate them?
Hart considers objections that argue for a closer connection between law and morality by suggesting that law should embody moral values. Hart emphasizes the importance of recognizing the internal aspect of law, which allows for the existence of legal rules that may not align with moral principles
