Hart and Kelsen debate

The Hart and Kelsen debate centers on the nature of law and its foundation. Hart argues that laws are social rules created by humans, emphasizing rules' secondary role—like rules about rules (e.g., how laws are made). Kelsen contends that law is a hierarchical system rooted in a fundamental "basic norm" that validates all laws, viewing law as a logical, autonomous structure. Essentially, Hart sees law as practical human practices, while Kelsen views it as an ideal, self-containedlegal system. Their debate explores whether law's authority comes from social acceptance or an underlying normative principle.