Isaac commanded Mildred to give him all her money. Rob threatened to shoot her if she did not give him her money.
According to Hans Kelsen the distinctive feature of a law is that there is a statement backed up by a threat of sanction. Isaac's command and threat could theoretically constitute a “law”. How did HLA Hart refine this theory of Legal Positivism?

Question

Isaac commanded Mildred to give him all her money. Rob threatened to shoot her if she did not give him her money. 
  According to Hans Kelsen the distinctive feature of a law is that there is a statement backed up by a threat of sanction. Isaac's command and threat could theoretically constitute a “law”. How did HLA Hart refine this theory of Legal Positivism?

Answer

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.

Answer

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”.

Answer

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”.

Answer

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”.

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Isaac commanded Mildred to give him all her money. Rob threatened to shoot her i...

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