  All this seems to have been overlooked by Hart in his polemic (Hart 1961, 204–7; 1994, 208–12) against “lex iniusta non est lex.” Hart’s argument that use of the slogan must tend to discourage or confuse the moral critique of law seems historically and logically indefensible. The slogan is unintelligible save as an expression of and incitement to engaging in such critiques; it can scarcely be rejected without first misquoting it, as Hart and those who employ his argument almost invariably do, averting their gaze from the slogan’s first predication and implied assertion: that the unjust rule in question is a rule of law.