... amend or abolish primary rules i.e. rules that stipulate how the appropriate legislative body is composed and how it enacts legislation. Positivists add that the community in question follows moral rules as well but the latter are not enforced by the public authority. As long as the cases which need to be regulated are "easy" and there is a corresponding law easily identifiable things run smoothly. When however a "hard case" arises i.e. a case not covered by the "law" as defined by positivists then the judge who has thus run out of "law" will have to exercise his discretion and provide a solution. It is positivists' proposition, that in doing so the judge is creating either a new law or he is adding to an old law. It goes without saying that such discretion may result in having more than one right answer to every legal question. H.L.A. Hart ...

See this essay or coursework document in full right now