This section contains 5,860 words (approx. 20 pages at 300 words per page) |
One of the dominant issues in philosophy of law since Hart's main entry was published has been the dispute between Hart and Ronald Dworkin about the best way to characterize a legal system and the modes of legal reasoning (especially by judges) most appropriate to it.
Rules and Social Practices
The Rule of Recognition
Hart identified two main kinds of rules in a complex and mature legal system. There are rules that tell people what to do or not do (tax laws, criminal laws, traffic laws), and there are rules that tell people how to do certain kinds of things (in order to accomplish such legal transactions as making valid wills or binding contracts and conveying property). Among the latter kind of rules he identified a small set that he regarded as fundamental to all but the most...
This section contains 5,860 words (approx. 20 pages at 300 words per page) |