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Question

Legal system arises from the combination of primary and secondary rules. The statement was given by :

This question was previously asked in
MH SET 2023 Paper 2 Computer Science and Applications Question Paper (26-Mar-2023)
The correct answer is

Hart

H.L.A. Hart in The Concept of Law (1961) described law as the union of primary rules (imposing duties) and secondary rules (rules of recognition, change and adjudication).

Primary rules tell people what to do or refrain from doing; secondary rules confer powers to identify, alter and apply the primary rules. Their union marks the step from a pre-legal to a legal world.

Bentham and Austin are associated with the command theory (law as the command of the sovereign backed by sanction), and Kelsen with the Pure Theory of Law and the hierarchy of norms resting on the Grundnorm.

Hence, the answer is Hart.

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