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Hart

 

According to Webster's New World Dictionary, the word obedience is defined as "docility, submission, compliance" (1974, 303). According to Hart, obedience suggests acts done from will in accordance with that of the sovereign; not simply acts done out of fear of punishment from the sovereign. True obedience is in a sense a form of conditioning, it is done without thinking and in most cases is passed down from generation to generation. Hart draws an excellent example of this on pages 55-57 where he sets up a model society with a Rex as the sovereign. A few examples of habitual obedience that come to mind when reading Hart's Rex theory are stopping at red lights and paying taxes. Over time we have become so conditioned to performing these acts that they no longer bear the meaning of law anymore but rather that of a habit. Although, it would be probable that if we didn't perform these acts; we would definitely see the law aspect once again in the form of sanctions. But do not assume that habitual obedience in the legal system because it does not for two reasons; one, because orders given by a legislator do not transfer to the new one any of the same rights in other words, the have to earned anew and two, for the reason that habitual obedience to the old sovereign can in no way guarantee it to the new one. (p.54, Hart). .
             What though lies at the heart of this obedience if not fear. According to Hart, is the unconscious promises that we make which bind us to obey the laws set before us. "For the making of law, like the making of a promise presupposes the existence of certain rules which govern the process." (Hart, p.43). One of the ways this could be reasoned, is with the case of elections. When we elect a party, we promise them as well as all other citizens, to abide by their better judgment. This promise binds us and all other citizens into obedience and recognition of their supremacy.


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