View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Washington University St. Louis: Open Scholarship Washington University Jurisprudence Review Volume 1 | Issue 1 2009 Totem, Taboo and the Concept of Law: Myth in Hart and Freud Jeanne L. Schroeder Follow this and additional works at: https://openscholarship.wustl.edu/law_jurisprudence Part of the Jurisprudence Commons Recommended Citation Jeanne L. Schroeder, Totem, Taboo and the Concept of Law: Myth in Hart and Freud, 1 Wash. U. Jur. Rev. 139 (2009). Available at: https://openscholarship.wustl.edu/law_jurisprudence/vol1/iss1/4 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Jurisprudence Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact
[email protected]. Totem, Taboo and the Concept of Law: Myth in Hart and Freud Jeanne L. Schroeder* A startling aspect of H.L.A. Hart’s The Concept of Law1 is just how profoundly it rests on imaginary anthropology. Hart suggests that the development of “secondary” rules of change, recognition, and adjudication to supplement “primary,” or substantive, rules of law is the process by which primitive societies evolve into modern ones. In fact, like the writers of Genesis, Hart actually modulates between two unconnected creation stories. According to one, the rule of law is created after the death of a conqueror, Rex I, to insure the succession of his idiot son, Rex II. In a second story, primitive society loses its direct relationship with primary laws and develops the secondary rules.