Tag: Default Rule

Three Pictures of Contract: Duty, Power, and Compound Rule

Gregory Klass - Georgetown University Law Center

H.L.A. Hart, following others before him, draws our attention to the difference between duty-imposing and power-conferring rules.  Duty-imposing rules require persons “to do or abstain from certain actions, whether they wish to or not.”  The law of theft, for example, instructs persons not to steal, no matter what their personal… Read More »