Full Idea
Hart says we have secondary legal 'rules of recognition', by which primary positive law is recognised and applied in a regulated manner.
Gist of Idea
Positive law needs secondary 'rules of recognition' for their correct application
Source
report of H.L.A. Hart (The Concept of Law [1961]) by Jens Zimmermann - Hermeneutics: a very short introduction 6 'Rules'
Book Reference
Zimmerman,Jens: 'Hermeneutics: very short introduction' [OUP 2015], p.104
A Reaction
The example of the authority of a particular court is given.
Related Idea
Idea 21059 General rules of action also need a judgement about when to apply them [Kant]