Abstract

Starting with the dichotomy between legal formalism and indeterminacy of legal rules, this paper intends to present the perspective of English philosopher and jurist Herbert Hart about the way rules in general and the legal rules in particular work. The paper analyzes the attributive use of the legal rules and the different ways they are taken by an agent. Hart's legal positivism is shown as simultaneously critical with respect to morality of law and contrary to the formalism and skepticism with regard to the use of rules.

Keywords: Herbert Hart, legal positivism, rules, defeasibility, obedience to the law.