Hart - Concept of Law - Ch 4 (Attack on Austin's Theory #2)

This is a lecture video on the chapter titled "Sovereign and Subject" of HLA Hart's seminal 1961 book, The Concept of Law. Back in chapters 2, Hart summarized John Austin's habit-based theory of law. In chapter 3 , Hart argued that Austin's theory could not explain power-conferring laws and some other features of sophisticated legal systems. In this chapter, Hart attacks the Austinian notion of legal authority. Basically, the notion of a habit or pattern of behavior is simply not explanatorily powerful enough to explain the continuity of legal authroity and the persistence of individual laws. For that, you need the notion not merely of a pattern of behavior, but of a standard of evaluation, or as it is otherwise called, a rule. This is part of a course entitled "Philosophy of Law".

To understand this you will need to understand what Hart says in
chapter 2:    • Hart - Concept of Law - Ch 2 (Summary...  
and chapter 3:    • Hart - Concept of Law - Ch 3 (Attack ...