Hartian jurisprudence a name often given to a system of jurispru- dence either directly describing the work of the late H. L. A. Hart or a follower or commentator (usually, although not necessarily, earth- bound). Hart considered the typical view that the lay person might have of the sovereign's orders backed by threats (a form of thinking

189

heading

associated with John Austin) to be inadequate, describing such situa- tions as pre-legal. His concept of law was rule-based, seeing law as the union of primary and secondary rules. Primary rules impose duties, and secondary rules confer powers, whether public or private. The sec- ondary rules are concerned with primary rules and provide for such matters as change and adjudication. Perhaps the most important sec- ondary rule is that which tests whether a primary rule is valid. This secondary rule is called the rule of recognition. This rule can take any form and may be simple or very complex. At bottom, it turns out to be a sociological fact. This analysis of law as a system of rules is often compared and contrasted with KELSINIAN JURISPRUDENCE.

• alien
• aliment
• alimony
• allegiance
• allocation of feu duties
• allonge
• allotment of shares
• alluvio
• alteration
• alteration of articles
• alteration of capital
• alternative dispute resolution (ADR)
• alterum non laedere
• altius non tollendi
• ambiguity
• ambulatory
• amendment
• a mensa et thoro
• American realism
• amicus curiae
• amnesty
• Amsterdam Treaty
• ancient documents
• Anglo-Irish Agreement
• animals, liability for