Hoose one of these three theorists; John Austin, Hans Kelsen, HLA Hart and answer the following questions:

Concepts of Law Question, Level 1.

Choose one of these three theorists; John Austin, Hans Kelsen, HLA Hart and answer the following questions:

(a) Critically analyse the way in which your chosen theorist would identify law.

(b) Parliament, in accordance with its normal procedures, has passed the Bad Fashion Act 2004. S.1 of the act provides that:

 The wearing of flared trousers in a public place shall be an offence punishable by public hanging. The Secretary of State for Fashion shall determine whether an item of clothing constitutes flared trousers for the purposes of this section.

Arthur was arrested by a police officer, tried by a jury, convicted by the court and executed by a hangman for the offence of the unlawful wearing of flares (as determined by the Secretary of State) contrary to S.1.


(i) Explain why your chosen theorist would/would not believe that the execution of Arthur was lawful in spite of its immorality.
(ii) From your own research explain whether the legal officials were right to obey/enforce the law.
As required, include some!