Questions and Answers
What is the main characteristic of primary rules according to Hart?
What is an example of a primary rule?
According to Hart, what is the relationship between secondary rules and primary rules?
What do secondary rules confer, according to Hart?
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What do primary rules impose, according to Hart?
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What is the main function of secondary rules, according to Hart?
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What is the essence of a legal system, according to Hart?
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What is an example of a secondary rule?
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According to Hart, what do primary rules tell citizens?
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What is the focus of secondary rules, according to Hart?
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Study Notes
Primary Rules
- Imposing specific duties upon citizens to act in a certain manner
- Failure to comply may result in legal sanctions
- Examples: speed limits, laws prohibiting trespassing, laws prohibiting corporations from requiring employees to make political contributions
- Regulated by Hart's characterization as "basic" rules
- Define what citizens can and cannot do under the law
Secondary Rules
- Parasitic upon or secondary to primary rules
- Provide for the introduction, modification, or extinguishing of primary rules
- Confer powers, public or private, rather than imposing duties
- Examples: grant Congress the power to legislate, private citizens the right to vote, and procedures for making a legal will
- Regulated by Hart's characterization as power-conferring rules
- Determine the procedure for recognizing, changing, and adjudicating primary rules
Relationship between Primary and Secondary Rules
- Primary rules impose duties on citizens
- Secondary rules confer powers to introduce, modify, or extinguish primary rules
- Union of primary and secondary rules captures the essence of a legal system
- Secondary rules provide specific criteria to determine:
- What primary rules are in effect
- How primary rules can be changed
- Appropriate sanctions for violating primary rules
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Description
Understand the difference between primary rules and secondary rules in law, including their characteristics and examples.