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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]
|