Rules and Social Facts, 14 Harvard Journal of Law & Public Policy 703 (1991)
Ronald Dworkin has identified H.L.A. Hart with the view that law consists in rules.1 That attribution is partially understandable, if ultimately unwarranted. Hart does claim that law consists in rules, but he also explicitly acknowledges that customary norms can constitute part of a community's law though they are not rules. Even if Dworkin overstates the point, it is true that rules are essential both to Hart's jurisprudence and to his theory of adjudication. Why is it that law, for Hart, is primarily a matter of rules?
Date of Authorship for this Version
Coleman, Jules L., "Rules and Social Facts" (1991). Faculty Scholarship Series. Paper 4194.