The question (15 marks)
Compare Austin's imperative theory with Kelsen's pure theory and Hart's theory of rules, and say which best explains the authority of law. (15 marks)
MU Module 3, heads on legal positivism - Austin, Kelsen and Hart.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Schools of Jurisprudence of Jurisprudence / Legal Theory.
Authorities you will need
- John Austin, on the command theory
- Hans Kelsen, on the grundnorm and the pure theory
- H.L.A. Hart, on primary and secondary rules
- Olivecrona, on the impossibility of a command by the State
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.