Differences
KELSEN HART
1. Sanctions are physical. 1. Sanctions are physical in primary, but
2. Believes in ‘tacit’ approval when GN verbal in secondary.
changes. 2. Does not believe in tacit approval.
3. Laws are directed to officials only. 3. Laws are directed to public (primary)
4. International & primitive legal & officials (secondary).
systems are legal. 4. International and primitive are not
5. Kelsen’s idea of legal system does not legal as no secondary rules.
include judiciary, executive etc. 5. Hart introduces these through
6. Kelsen does not include ‘legal secondary.
principles’ in theory. 6. Hart includes ‘legal principle’ in theory
7. Calls laws directed to individuals in postscript.
‘moral laws’. 7. Laws directed to public can be legal
8. Laws telling people what to do, are (primary rules).
delicts. 8. Laws telling people what not to do
9. Legal laws help measure publics legal ‘duties’.
conduct ‘objectively’. 9. Laws are not just for measuring
10.Sanctions are ‘primary’. peoples conduct but they use them as
11.Kelsen believes that all laws are guidance, and they have CRA towards
‘derived’ from GN. them.
12.Kelsen talks about validity being 10.Sanctions role is secondary.
traced upwards. 11.Hart believes in subordination of
13.Kelsen does not cater to judge made sources, not derivation.
law. 12.Hart does not talk about chains of
14.GN is a fiction. validity.
15.GN’s validity is ‘assumed’. 13.Hart gives Judge made law second
16.Kelsen’s normativity is called ‘justified place after statutory law.
normativity’ by Harris. 14.ROR is a statement of fact.
17.Public are irrelevant to Kelsen. 15.ROR is validity can be shown in
18.Kelsens theory applies only to practice of Judges.
officials. 16.Harris calls Harts ‘normativity social’.
19.Kelsen law only tells the ‘bad’ man 17.Public are relevant as primary rules
what he needs to know about law. apply to them.
KELSEN HART
1. Sanctions are physical. 1. Sanctions are physical in primary, but
2. Believes in ‘tacit’ approval when GN verbal in secondary.
changes. 2. Does not believe in tacit approval.
3. Laws are directed to officials only. 3. Laws are directed to public (primary)
4. International & primitive legal & officials (secondary).
systems are legal. 4. International and primitive are not
5. Kelsen’s idea of legal system does not legal as no secondary rules.
include judiciary, executive etc. 5. Hart introduces these through
6. Kelsen does not include ‘legal secondary.
principles’ in theory. 6. Hart includes ‘legal principle’ in theory
7. Calls laws directed to individuals in postscript.
‘moral laws’. 7. Laws directed to public can be legal
8. Laws telling people what to do, are (primary rules).
delicts. 8. Laws telling people what not to do
9. Legal laws help measure publics legal ‘duties’.
conduct ‘objectively’. 9. Laws are not just for measuring
10.Sanctions are ‘primary’. peoples conduct but they use them as
11.Kelsen believes that all laws are guidance, and they have CRA towards
‘derived’ from GN. them.
12.Kelsen talks about validity being 10.Sanctions role is secondary.
traced upwards. 11.Hart believes in subordination of
13.Kelsen does not cater to judge made sources, not derivation.
law. 12.Hart does not talk about chains of
14.GN is a fiction. validity.
15.GN’s validity is ‘assumed’. 13.Hart gives Judge made law second
16.Kelsen’s normativity is called ‘justified place after statutory law.
normativity’ by Harris. 14.ROR is a statement of fact.
17.Public are irrelevant to Kelsen. 15.ROR is validity can be shown in
18.Kelsens theory applies only to practice of Judges.
officials. 16.Harris calls Harts ‘normativity social’.
19.Kelsen law only tells the ‘bad’ man 17.Public are relevant as primary rules
what he needs to know about law. apply to them.
