more from H.L.A. Hart

Single Idea 20932

[catalogued under 25. Society / E. State Functions / 1. 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 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]