Question:

For H.L.A. Hart, the 'open texture of law' means that the regulation of areas of conduct must be left to be developed by:

Updated On: Jul 13, 2026
  • law teachers
  • courts
  • legislature
  • people at large
Show Solution
collegedunia
Verified By Collegedunia

The Correct Option is B

Approach Solution - 1

The Correct Option is (B): courts.
Was this answer helpful?
1
0
Show Solution
collegedunia
Verified By Collegedunia

Approach Solution -2

The question asks who, according to H.L.A. Hart, is left to develop the regulation of conduct in the areas where the open texture of law applies, meaning the grey zones where legal rules do not give a clear answer on their own. Hart's own account in "The Concept of Law" answers this directly.

  1. law teachers: Hart does not assign this role to academics, law teachers analyse and comment on the law but do not have the authority to resolve open texture in live disputes.
  2. courts: Hart argues that legal rules have a clear core of settled meaning and a penumbra of uncertainty at the edges. In penumbral or novel cases, the rule does not dictate a single answer, and Hart says judges must exercise a limited, guided discretion to fill that gap, effectively developing the law case by case. This is precisely what open texture being resolved by courts means.
  3. legislature: the legislature makes the general rule in the first place, but Hart's point about open texture is specifically about what happens after the rule exists, when its application to a particular case is unclear, a gap legislatures cannot pre-empt for every possible fact pattern.
  4. people at large: ordinary citizens do not have any formal role in resolving legal uncertainty in individual disputes, that function belongs to the adjudicating body, not the public.

Hart's own framework ties the resolution of open texture directly to judicial discretion exercised case by case, which is a function performed by courts, not by teachers, the legislature, or the public.

So the correct answer is courts.

Was this answer helpful?
0
0

Top CLAT PG Legal Studies Questions

View More Questions

Top CLAT PG Jurisprudence Questions

View More Questions

Top CLAT PG Questions

View More Questions