The legal theory, by H.L.A. Hart, is truly, as Ronald Dworkin said, "a paradigm for jurisprudence".
The question is to examine an important element in Professor Hart's 3-part legal system, the concept of the existence of a legal system for the legal system of any foreign country. For our purpose of description, we will examine the legal system of India and see how it complies with the legal theory put forth by Hart.
One must still distinguish a system of laws from the rules of the National Football League and other organizations. Hart proposed legal system as follows.
1. Rules of Recognition - to prevent uncertainty about what the law is - Rules that stipulate how other rules come to have authority (i.e. validity)
- E.g. enactment by Parliament or judicial precedent or customary practice.
2. Rules of Change - to overcome the static nature of primary rules
Rules that stipulate how rules can change or be replaced added or deleted
Rules of recognition may include provisions for recognition of changes.
3. Rules of Adjudication - to remedy inefficiency of social pressure