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Law & Society Past Paper with Model Answers 2020/2021 £10.00
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Law & Society Past Paper with Model Answers 2020/2021
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This document provides model answers to 3 questions taken from the 2020/2021 past paper for the Law & Society module. Author achieved a first class grade for the module.

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  • June 18, 2024
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  • 2020/2021
  • Exam (elaborations)
  • Questions & answers

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Model Answers
Law and Society

Past Paper for the year 2020/2021


ANSWER THREE OUT OF SIX QUESTIONS

Question 2

Explain and evaluate Hart’s definition of law as a union of primary and
secondary rules. How adequate is the definition?

[100 marks]

Model Answer

Hart proposes the definition of a legal system to be “the union of primary and secondary

rules”. Primary rules are the general rules which regulate the behaviour of the public. As Hart

states, the primary rules proscribe “the free use of violence, theft and deception to which

human beings are tempted but which they must, in general, repress if they are to co-exist in

close proximity to each other”. Primitive societies could survive alone on these primary rules

as a system of laws imposing obligations on citizens. However, as a society develops and

becomes increasingly complex, particularly one which is subject to changes in the political

and social environment, there is a need to alter the primary rules, to adjudicate on breaches

of them, and to identify which rules are specifically obligation rules. Hart explains the

problems faced by complex societies in terms of three “defects”: the defect of uncertainty,

defect of static rules, and defect of inefficiency of diffuse of social pressure. The three

defects are subsequently satisfied by the creation of three sorts of secondary rules: rules of

change, rules of adjudication, and rules of recognition. Each classification of secondary rule is

addressed to a particular official to remedy the defect. Unlike primary rules, the first two

secondary rules do not impose any duties, however, the rule of recognition does impose

duties, largely on judges.


The “defect of static rules” occurs where a set of rules are enacted and must thereafter be

followed indefinitely. There remains the question as to whether laws should continue

, indefinitely, particularly when rules may require to be amended or repealed and indeed new

rules will be required in order for the society’s legal system not to cease to develop.

Therefore, Hart proposes the secondary “rule of change” to accommodate legislative or

judicial changes to both primary and secondary rules. This is executed by conferring power to

officials, legislators, and those powers can be unrestricted or limited, or they may specify the

persons to legislate or the procedures to be followed. Since the authority and values of the

law come from the people who form the society, it could be said that legislators are merely

reactive rather than pro-active when it comes to making the law for the society.


There are those individuals who do not always follow the law in a society, to which Hart calls

the “defect of inefficiency of diffuse social pressure”. It is necessary for certain rules to confer

competence onto individuals to pass judgement mainly in cases of breaches of primary rules.

Therefore, Hart proposes “rules of adjudication” whereby judges will enforce the law. This

power permits the judges to state whether a rule has been broken and exercise further power

to punish the wrongdoer or compel the wrongdoer to pay damages. Further rules are

required, for example, someone will be under a duty to imprison such a wrongdoer prior to

any sanction being granted by a judicial official. In addition to adjudication, it is recognised

that judges will generally be required to perform a rule of recognition since, logically, the

obligation must be recognised and declared valid before it can be enforced.


The “defect of uncertainty” arises since there is a persistent question as to which laws to

recognise in a society. The question of when a law is valid in a society is answered by Hart

proposing a secondary “rule of recognition”. Such a rule determines where and how we are to

recognise the validity of the rules of a legal system as existing, and what is its proper scope.

This right appears to be duty-imposing: it requires those who exercise public power to follow

certain rules. However, as identified by MacCormick, this gives rise to an element of

‘circularity’. There must be recognition of the validity of an enactement of rules by the

legislature in exercising its power conferred by the rule of change, but the rule of recognition

presupposes the existence of judges whose duties are provided by the rule of recognition,

and these judges are empowered by the rule of adjudication. But this rule of adjudication is

only valid if it satisfies criteria of the rule of recognition, and the rule of recognition

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