The Concept of Law is a 1961 book by the legal philosopher H. L. A. Hart and his most famous work.
Hart sought to provide a theory of descriptive sociology and analytical jurisprudence.
Hart answers these by placing law into a social context while at the same time leaving the capability for rigorous analysis of legal terms, which in effect "awakened English jurisprudence from its comfortable slumbers".
"[6] The Concept of Law emerged from Hart's initial lectures as Oxford Professor of Jurisprudence following Arthur Goodhart's retirement, in 1952.
[7][8] Among Hart's early lectures on law that are expanded in the book is his 1953 essay titled, "Definition and Theory in Jurisprudence.
Among the ideas developed in the book are: Hart begins The Concept of Law with a chapter titled "Persistent Questions."
"[11] Hart asks the following recurring three questions for legal theory: "How does law differ from and how is it related to orders backed by threats?
Hart lets us know that laws are much broader in scope than coercive orders, contrary to the "command theory" of Austin.
Frequently laws are enabling and so allow citizens to carry out authoritative acts such as the making of wills or contracts which have legal effect.
Hart draws a distinction between a social habit (which people follow habitually but where breaking the habit does not bring about opprobrium - going to the cinema on Thursday for example) and a social rule (where breaking the rule is seen as wrong - neglecting to take off one's hat upon entering a church, for example).
[needs copy edit] There are two perspectives to this: the external aspect, which is the independently observable fact that people do tend to obey the rule with regularity, and the internal aspect which is the feeling by an individual of being in some sense obligated to follow the rule, otherwise known as the critical reflective attitude.
Though an average citizen in a modern state with a developed legal system may feel the internal aspect and be compelled to follow the laws, it is more important for the officials of the society/peoples to have the internal aspect since it is up to them to follow the constitutional provisions which, if they wish, they could ignore without accountability.