It would not make sense if Isaac’s command coupled with a threat constituted a “law”. Hart believes that “laws” will be recognised if they have gone through an established procedure. 

Hart narrowed the scope of possible sanctions. Laws cannot threaten death or serious injury. Therefore Isaac’s command and threat did not constitute a “law”. 

According to Hart “laws” must be entrenched in our Constitution. Isaac’s command and threat is not expressly or impliedly entrenched in our Constitution. Therefore it is not a “law”. 

Hart thought that “laws” could only be made by judges and politicians. If Isaac was a politician or a judge his command and threat would have constituted a “law”.

The ‘command theory’ of law, which states that law is a wish expressed by a sovereign requiring people to behave in a certain way

Being the founder of British utilitarianism

His theory that gender inequality is fundamentally a political question

Viewing laws ‘goodness or ‘badness’ as a question of economic efficiency

States that law is a general declaration of the will of a sovereign supported by the threat of a penalty

States that “an unjust law is not a law”

Is based on the application of economic theory to law

States that legal decisions are a form of political decision

Natural law theory

The ‘law of the jungle’

Critical legal theory

Legal positivism

There is no necessary connection between law and external standards

There are unchanging principles of law that are part of the natural realm

There is a public/private dichotomy which discriminates against women

The law tends to serve the interests of the wealthy and powerful

Terry’s sentence must reconcile with the bank's financial detriment. Laws and sanctions are based on economic considerations.

Terry must be sanctioned because her actions were immoral. Economic consequences are only a secondary consideration.

Terry needs to be rehabilitated so she can contribute to society in the future and offset the cost of her trial. Laws and sanctions are based on economic considerations.

Terry’s sentence is based on the economic consequences and efficiency considerations. The sentence ‘costs’ her because she lives in reduced circumstances.

Jessica believes in Natural Justice. Sam believes in Legal Positivism.

Jessica believes in Feminist Jurisprudence. Sam believes in Legal Positivism.

Jessica believes in Legal Positivism. Sam believes in Natural Justice. 

Jessica is taking a Critical Legal Theory approach. Sam believes in Natural Justice. 

Jeremy Bentham

HLA Hart

St Thomas Aquinas

Catharine McKinnon

Andi suggests “Writing a literature review involves finding a published paper on the topic and writing a summary of it.” 

Caris claims “You need to read several recent articles on the topic, think about what they are discussing, and then summarise your ideas, with references to the original sources.”

Dava says “You need to quote at least one sentence from each article you read about the topic, then add your own interpretation in the conclusion.”

Bobby proposes “A literature review is a summary of the main articles on a particular topic, without adding anything new.”