Hart - Concept of Law - Ch 5 (Primary and Secondary Rules)

This is a lecture video about chapter 5 of HLA Hart's seminal 1961 book, The Concept of Law. In this chapter Hart begins to present his own theory of law. He distinguishes primary rules from secondary rules. He enumerates three defects that plague systems of rules composed only of primary rules (uncertainty, static-ness, and inefficiency). He then explains how thee defects are remedied by secondary rules (the rule of recognition, rule of change, and rule of adjudication, respectively). This is part of a Philosophy of Law course.

[@dennisgrumple7754]

Thank you for saving my life at 4 am the night before a seminar. I owe you

[@profjeffreykaplan]

Glad to save a life.

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[@retrocyndis_tvdinner]

excuse me, who gave you permission to save my entire jurisprudence module?

[@francism.fofanah1307]

Who

[@peaceuponyou4433]

secondary rules did lol

[@jessicasolomon6986]

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[@adityakrishna6817]

This was amazing! the clarity of thought and examples used to explain the concepts were brilliant. Really look forward to the future videos!!

[@harkirandhingra8406]

So helpful, thank you!! I have been reading The concept of Law in preparation for Oxbridge applications this October, and once I have read a chapter, your videos are so helpful to ensure that I have understood everything I have read

[@rayleung4500]

Amazing! You has saved me from my jurisprudence exam tomorrow! Millions thanks

[@walterhorn1111]

I've watched perhaps a dozen of your videos, and I think this is the best one. In fact, I believe there's a publishable paper to be found in it based on your valley of sheep herders, because it makes for a lovely Hartian refutation of libertarianism. (If I write it myself, I'll certainly credit you!) Great stuff!!

[@yolohii]

Thank you. As a french student I had difficulties finding explanations about Hart's theory (his theory had less impact here I guess). Your videos are a big help.

[@mahwishkhan8699]

Big Thank you from Pakistan. I owe you the understanding of beloved Hart :-)

[@OlgaThistleton]

Awesome lecturer, love how the material is delivered to the audience.

[@aparnas8656]

This channel is a blessing 😭 Watching all these videos before a major test, they're so great!

[@profjeffreykaplan]

Glad they are helpful!

[@alexandrahson]

Your videos are amazing, and your students were lucky to have you at Berkeley! I hope these videos keep on coming :))

[@profjeffreykaplan]

Thank you! I will keep producing videos, though at a slower pace in the coming semesters, so be sure to check out all the videos already on this channel.

[@YDA94]

I'm working as public accountant and I don't know how I end up on your video. But I find it so interesting and well-explain even for someone like me that wasn't in the field could grasp the concept easily. There are more than 50 of your vids and I'm already excited to watch them all. Thank You

[@profjeffreykaplan]

I'm glad you stumbled upon them as well. If you want some guidance as to the order in which to go through them, check out my playlists: kzbin.info/door/_hukbByJP7OZ3Xm2tszacQplaylists

[@SurrealReality1195]

Very informative and entertaining! Thanks for posting!

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Best teacher. Made studying Juris completely easy!

[@yuuy.3126]

This makes so much sense😭 thank you so much!!!

[@nelnavas7134]

your work is legit and commendable prof

[@saniabanu499]

Thanks a lotttt for explaining so wholeheartedly! I can finally do well. Could you make a video on "Pure Theory of Law" of Kelsen please?

[@Amykhany]

Excellent teacher, so much respect,

[@storytime6760]

Thank you so much 👏👏👏👏👏 you made it easy to understand. This lecture was great.

[@panchitoborja]

ABSOLUTELY WONDERFUL

[@jessicadutoit7774]

This is so helpful thank you!

[@offgridjohn871]

Nice to meet ya..will watch more.

[@shubhangigupta3657]

Very well explained. 👏👌

[@c.c.2155]

This is so helpful and well explained. Thank you

[@profjeffreykaplan]

You're very welcome!

[@khushigoswami6609]

This is so well versed explained 😇 From India

[@mooimaduckright]

great explanation! a foundation student here trying to understand secondary rules!

[@josiwagner988]

really interesting video! I am writing my response paper about this Chapter. Do you have any critic points I could address? Thanks for your help!

[@denniswong7320]

Hi Jeffrey, would you mind doing Hans Kelsen and Joseph Raz on the Hart's postscript as well?

[@lauraandrade5966]

AMAZING VIDEO

[@ambrose7196]

Wow this is just fascinating

[@hannahmunro2969]

This is amazing!! thank you :)

[@profjeffreykaplan]

You're welcome!

[@siyandagabela5765]

Thanks I passed my philosophy modules ✊

[@subnatural5341]

Are rules, that are about punishments for violating the rules, primary or secondary rules?

[@denyseewe1386]

Would love a vid on the postscript!

[@jerryyu3776]

thank you so much！

[@profjeffreykaplan]

You are welcome!

[@kateoconnor7303]

just wondering what pages are these paragraphs on for reference

[@toshbel]

Very useful, Sir. Do you plan to discuss Kelsen and Roscoe Pound too, in the near future?

[@profjeffreykaplan]

Hopefully soon

[@toshbel]

@@profjeffreykaplan Look forward. Thank you.

[@dnmclnnn]

Didnt Hart say that the existence of customary law is a counter to Austins' command theory since through custom, authoritative law arises without a command? How can he now say that customary law is not law but only rules which are not authoritative?

[@sinomirneja771]

I wish someone could tell me what is "law". I feel like there is a huge diversion if definition of the basic concept between different views. From Austin's perspective, law is the orders of the current monopoly of power in the most immediate sense. This matches well with legal positivist ideas. From this perspective the gun man is the law of the land until his threat is removed. Law is what is getting enforced by the legislator independent of morality. From a naturalists perspective (heavily personalized,) law is the rules which you are morally responsible to abide. A naturalist would consider someone a criminal in Natzi Germany even if they broke no laws there, since "the law" is the natural "correct response" and is independent of any entity claiming to be a legislator.

[@septbelleza1935]

So can you say primary rules are statutes and the secondary is the constitution? Or are Hart’s rules norms?

[@juanitatolmay5783]

What role does these rules play in Hart's theory

[@zamzamismail9202]

Please do videos on sociological school of thought

[@sarahlol7899]

love u

[@NowshinRahmanShimu]

What is the basis of primary rule? Where did it came from? I mean like Austin said that law is a command "comes from" a sovereign and backed by sanctions. But hart didn’t mention any of the authorities. Where do we get primary rule from?

[@profjeffreykaplan]

Hart answers exactly this question in the very next chapter of his book, chapter 6. Hart argues that every legal system as an (often unspoken) "Rule of Recognition" and it is the source of validity for all the other rules of the legal system. Here is my video on chapter 6: kzbin.info/www/bejne/aqLXhIyLmMijpsU

[@NowshinRahmanShimu]

Thank you sir

[@Mary-rq7gb]

Damn i wish my lecturer explains it like this then i won't be this clueless

[@ujjwalsingh3922]

If Anyone from India saw this comment just remember you weren't the first who was completely mad about Jurisprudence and then find this saviour.

[@profjeffreykaplan]

Glad I could save the day!

[@johnmichaelcule8423]

I find 'secondary' and 'primary' unintuitive for this sort of distinction if only because modern constitution writers start with what Hart calls 'secondary' rules.

[@maximilyen]

Isn' this guy great?

[@user-dq4ro3df7m]

Bernado Silva=Jeffrey Kaplan?🤣Excellent lesson though

[@michaellugo3732]

Do you not see, your primaries are actuality secondary? Around 19:50 you restated the primary, NOT DYING! If you, as you say...step back...and rethink the antecedent of secondary, you will find many laws and rules are secondary and that perhaps, ten, make it to primary and even two, or if I dare...one law that governess all. Logicically, laws must be congruent. Thanks for your vids...

[@troelalul]

I bet he is a fan of Seinfeld..

[@bottomhead2518]

And God said, "Let there be blue-jean models, and let them strutteth their stuffeth across the face of the earth. And so it was."

[@helengrives1546]

The intersting thing about the rule, 'women aren't allowed to wear pants', I think, there is this book The history of 5000 years...', it makes the case that women and slavery where closely related. That when the slaves where freed, women imposedly took over much. As seems that every society depends on some sort of free labor/pool. Now you can argue that women not allowed to wear pants, is a psychological tool of casting inferiority upon the other group, I don't know who invented the pants and skirts. But skirts and dresses happen to cover the most parts of the human body. Intestingly, in countries with very high temperature, whole body covering clothing is more unisex. Rules can be invented by anybody violent enough, powerful enough to sway others. Witch hunt being one of them. Having delusional paranoid characters on top positions is detrimental to large sway of populations. Then you haven't mentioned, political murders. Napoleon, who crownd himself. With other words, 'High elite ruling criminals' understood the one thing about the persistance of law. Killing matters, can circumvent outcomes! In smaller societies there are often councils. Wise men or women who act as these institutional roles. You don't need a church building to have a church! I do think by overlooking these proto-institurions, that we look down upon these. A scholarly blind spot. The West happily forgets, that they once were hunter gatherers, had druids and spooky animistic religions. These things are always mentioned in cases of 'black' history. But it is simply a state for every human civilization. Like our amphibian brains, our social structure left an imprint by these simple, bare bone rules. Like Christianity discovered. You cannot have Christianity without pagan, proto-religious elements.

[@hoagie911]

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[@danwylie-sears1134]

No, Hart does not seem obviously right. The story of a pre-legal state of nature, wherein people have primary rules but no authority, nor any other means of decision-making, is extremely ahistorical. It doesn't sit well with human nature, at the very least, and may be outright incompatible with it. Now, state-of-nature stories are almost never intended as literal representations of historical fact, but it's possible for them to be so far from any plausible past state of the world that they fail in their actual purpose of providing insight into the present state.