more on this theme | more from this text
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]
| 20932 | Positive law needs secondary 'rules of recognition' for their correct application [Hart,HLA, by Zimmermann,J] |
| 21004 | Hart (against Bentham) says human rights are what motivate legal rights [Hart,HLA, by Sen] |
| 20931 | Hart replaced positivism with the democratic requirement of the people's acceptance [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] |
| 23522 | In an organised society all actions have some effect on other people [Hart,HLA] |
| 23525 | Is the enforcement of morality morally justifiable? [Hart,HLA] |
| 23529 | Conduct is not isolated from its effect on the moral code [Hart,HLA] |
| 23527 | Moral wickedness of an offence is always relevant to the degree of punishment [Hart,HLA] |
| 23528 | The value of liberty allows freedom of action, even if that distresses other people [Hart,HLA] |
| 23526 | Modern law still suppresses practices seen as immoral, and yet harmless [Hart,HLA] |
| 23530 | The great danger of democracy is that the oppression of the minority becomes unobjectionable [Hart,HLA] |