H.L.A. Hart's Contribution to Legal Anthropology |
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| Authors: | JOHN HUND |
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| Institution: | Department of African, Law University of the North, Private Bag X 1106, Sovenga 0727, Northern Province, Republic of South Africa |
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| Abstract: | In the first half of this paper I show how H. L. A. Hart's theory of rules can resolve, or at least clarify, a central methodological problem in legal anthropology that was first posed in Llewellyn and Egebel's The Cheyenñe Way In the second half I explore and develop Hart's theory (a) of rules, and apply it to problems of agency and behaviourism in legal anthropology, and (b) of legal development, and apply it to the problem of rule-scepticism in legal anthropology as it is posed in Roberts and Comaroffs Rules and Processes and elsewhere. |
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