More on Primary & Secondary Rules

It has been a while since I have posted here – things are getting crazy!

In the intervening time, I think I have come to some understanding as to what Hart was talking about in terms of Primary and Secondary Rules – so let’s give it a spin:

It would appear that Hart’s idea of legal framework is an interwoven kaleidoscope of primary and secondary rules; the intermingling of which create the vast network of law that governs society.

The primary rules, as I have come to understand them, are those rules that govern the actions of citizens. In this, my previous guess was somewhat accurate, in that these primary rules are inclusive of social, academic, and philosophical norms. Put more simply, these are our “do this or don’t do this” rules.

The secondary rules that Hart speaks of seem to be those that mould and shape the framework of the legal structure; they create methods by which primary rules can be changed, or eradicated; they create the methods by which legal disputes are resolved; and they establish some level of precision as to what the law is.

More on this tomorrow.


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