Hart on Legal Powers as Legal Competences
View / Open Files
Authors
Kramer, Matthew
Journal Title
Canadian Journal of Law and Jurisprudence: an international journal of legal thought
ISSN
0841-8209
Publisher
Cambridge University Press
Type
Article
This Version
AM
Metadata
Show full item recordCitation
Kramer, M. Hart on Legal Powers as Legal Competences. Canadian Journal of Law and Jurisprudence: an international journal of legal thought https://doi.org/10.17863/CAM.85407
Abstract
This paper first recapitulates the objections by H.L.A. Hart to the ways in which John Austin’s command model of law obfuscated the importance and the very existence of power-conferring laws. Although those objections are familiar in the world of contemporary legal philosophy, their insightfulness is highlighted here because they contrast so sharply with Hart’s own neglect of power-conferring laws at some key junctures in his theorizing. In the second half of this paper, I ponder a few of the junctures where Hart failed to heed the admonitions which he had so deftly leveled against Austin.
Sponsorship
None
Embargo Lift Date
2025-06-10
Identifiers
This record's DOI: https://doi.org/10.17863/CAM.85407
This record's URL: https://www.repository.cam.ac.uk/handle/1810/338002
Rights
Attribution-NonCommercial-NoDerivatives 4.0 International
Licence URL: https://creativecommons.org/licenses/by-nc-nd/4.0/
Statistics
Total file downloads (since January 2020). For more information on metrics see the
IRUS guide.