more from H.L.A. Hart

Single Idea 20931

[catalogued under 25. Society / E. State Functions / 1. The Law / c. Legal positivism]

Full Idea

Hart replaced Austin's concept of positive law as sovereign command with a more democratic ideal. In modern law-based societies the authority of law depends on the people's acceptance of a law's enduring validity.

Gist of Idea

Hart replaced positivism with the democratic requirement of the people's acceptance

Source

report of H.L.A. Hart (The Concept of Law [1961]) by Jens Zimmermann - Hermeneutics: a very short introduction 6 'Hart'

Book Reference

Zimmerman,Jens: 'Hermeneutics: very short introduction' [OUP 2015], p.103


A Reaction

Presumably the ancestor of this view is the social contract of Hobbes and Locke.