...two most distinctive features of Kelsen’s jurisprudence, namely: (1) that the nature of law is essentially tied to its use of
sanctions, and (2) that the normative force of law was only explicable by reference to a non-natural transcendent fact, what Kelsen called the Grundnorm. Contra Kelsen (and Austin), Hart argued that linking law’s nature to the use of
sanctions misrepresents law’s normativity; and on the second point, Hart offered an account of law and its apparent normativity in terms that were exclusively psychological and sociological–in terms of what legal...