Shiva Prasad Acharya

Hart's Fresh Start is not as fresh as he claim. Hart built his theory on the base created by Austin and Kelson. If I repair the roof of the house built by my grandfather thne am I the fresh builder? No. Similarly, Hart just repaired the theory of Austin and Kelson. Austin's command theory creates obligation to follow the law through the fear of sanction. In case of Hart this obligation is in the form of duty. For both of them laws are formed in order to follow it. Similarly, the grundnorm of Kelson is replaced by rule of recognition of Hart with the difference that Kelson grundnorm is an assumption whereas for Hart it is a fact. In the roundabout way Hart is speaking the same thing which Austin and Kelson spoke in their theory. Hart is the imitator of Austin and Kelson but the only thing is that he used his cleverness in imitating it. As the method, process and content of the Hart is similar to those of the preceding jurist we cannot accept it as FRESH START. Hart exagratted his theory as Fresh Start.