where does the concept of law come from
The Concept of Law The Concept of Law (ISBNÂ 0-19-876122-8) is the most famous work of the legal philosopher H. L. A. Hart.[1] It was first published in 1961 and develops Hart's theory of legal positivism (the view that laws are rules made by human beings and that there is no inherent or necessary connection between law and morality) within the framework of analytic philosophy. In this work, Hart sets out to write an essay of descriptive sociology and analytical jurisprudence. The Concept of Law provides an explanation to a number of traditional jurisprudential questions such as "what is law?", "must laws be rules?", and "what is the relation between law and morality?". Hart answers these by placing law into a social context while at the same time leaving the capability for rigorous analysis of legal terms, which in effect "awakened English jurisprudence from its comfortable slumbers".[2] As a result Hart's book has remained "one of the most influential text of analytical legal philosophy",[3] as well as "the most successful work of analytical jurisprudence ever to appear in the common law world"[4]
Natural and legal rights The concept of natural law is related to the concept of natural rights. Natural law first appeared in ancient Greek philosophy,[1] and was referred to by Roman philosopher Cicero. It was subsequently alluded to in the Bible,[2] and then developed in the Middle Ages by Catholic philosophers such as Albert the Great and his pupil Thomas Aquinas. During the Age of Enlightenment, the concept of natural laws was used to challenge the divine right of kings, and became an alternative justification for the establishment of a social contract, positive law, and government – and thus legal rights – in the form of classical republicanism. Conversely, the concept of natural rights is used by others to challenge the legitimacy of all such establishments.