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Law in Modern Society$
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Denis Galligan

Print publication date: 2006

Print ISBN-13: 9780199291830

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199291830.001.0001

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Law as Social Rules

Law as Social Rules

(p.47) 3 Law as Social Rules
Law in Modern Society


Oxford University Press

To be able to acquire an understanding of how social rules become standards of behavior, the social context in which these occur must first be analysed while considering the various possible consequences attributed to these said rules. To Hart, assuming a theory of law that is both analytical and sociological meant that one should avoid a natural law approach that confuses the social reality of law with a reality which people would prefer, and it also means that the abstraction of involved theories should be made on a manageable social level. Hart identifies the constant and general features of working legal systems and analyses the internal aspects of social rules. This chapter and the succeeding chapters attempt to consider Hart's description of a municipal legal system as composed of social rules by examining this point of view of law in society.

Keywords:   Hart, social rules, behaviour, social context, legal system

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