This theory examines how the ruler and his officials created law based on social norms and institutions (Hart, 1958). However, difficult cases like this constitute bad law, testing the validity of the law in question based on what the objective of the law was in the first place. The law should not be dismissed so easily just because it does not achieve justice in the most morally sound way (Hart, 1958). Bentham and Austin understood that there are two errors in how the law is interpreted, what the law is and what it should be (Hart, 1958). He knew that if the law became what humans perceive it should be, the law itself would be lost, but he also recognized that if the opposite happened, where the law replaced morality, then every man would escape responsibility and there would have been no liability. there will be no punishment (Hart, 1958). This theory takes into account the view of the dissenting judge, Judge Gray, that the law is what it is, even though it may conflict with morality. Austin stated that “The existence of law is one thing; his merit and the demerit of another. Whether it is or not is a question; whether or not it conforms to an assumed standard is a different question (Hart, 1958).” This case presents the same conflict faced by Bentham and Austin, that the law is based on the statute of'