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Single Idea 20932

[filed under theme 25. Social Practice / D. Justice / 2. The Law / a. Legal system ]

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 Ref

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]

The 17 ideas with the same theme [the system used by a government to enforce laws]:

6326 The better known the law, the more criminals there are [Laozi (Lao Tzu)]
347 Will I stand up against the law, simply because I have been unjustly judged? [Socrates]
2806 Man is the worst of all animals when divorced from law and justice [Aristotle]
2816 If it is easy to change the laws, that makes them weaker [Aristotle]
22556 Laws that match people's habits are more effective than mere written rules [Aristotle]
19881 The aim of law is not restraint, but to make freedom possible [Locke]
19819 The state ensures liberty, so civil law separates citizens, and binds them to the state [Rousseau]
14847 Laws that are well thought out, or laws that are easy to understand? [Nietzsche]
20932 Positive law needs secondary 'rules of recognition' for their correct application [Hart,HLA, by Zimmermann,J]
23523 The principle of legality requires crimes to be precisely defined in advance of any action [Hart,HLA]
23524 Some private moral issues are no concern of the law [Hart,HLA]
23521 Do morals influence law? Is morality an aspect of law? Can law be morally criticised? [Hart,HLA]
23525 Is the enforcement of morality morally justifiable? [Hart,HLA]
23526 Modern law still suppresses practices seen as immoral, and yet harmless [Hart,HLA]
23259 There should be separate legislative, executive and judicial institutions [Grayling]
20612 If being subject to the law resembles a promise, we are morally obliged to obey it [Tuckness/Wolf]
20611 If others must obey laws that we like, we must obey laws that they like? [Tuckness/Wolf]