Assignment 3:The Idea of Law (LAWS 3101A)
Instructions: Please read carefully as there are several parts to the question to be answered in a
short essay format (800-1000 words max)
Explain what Hart means by law as consisting in “primary and secondary rules” and what he
deems to be the most important secondary rule. Then give at least two reasons as to whether you
think Hart’s defense of the separation of law and morals through a theory of law as a “model of
rules” is correct. In giving such reasons, you may utilize some of Dworkin’s arguments against
Hart’s legal positivism to make your case.
Hot tip: Your goal is to correctly but briefly explain the essence of Hart’s theoretical position and
to set out some reasons (perhaps) borrowing from Dworkin, though you need not use Dworkin to
critique or evaluate Hart. I am looking for a correct representation of Hart’s theoretical stance and
a display of critical analysis through reasoned argumentation. 1
