Practice question · True or false
Hart held that a sufficiently unjust rule is, for that reason, not a legal rule at all.
Hints
- That is the position he was arguing against.
- His concern was to keep validity and merit as separate judgments.
Show the answer
False
Why
False: that is the natural-law move, and Hart's objection to it is practical. If iniquity subtracts legal status, the citizen loses the sentence "this is law and it is too iniquitous to obey", which is the sentence resistance actually needs. Positivism separates the two judgments so that both remain available.
Practise Law, Morality, Custom and Force
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