Rule of Recognition

Rule of Recognition

A central part of Herbert Hart's theory on legal positivism, in any legal system, the rule of recognition is a master meta-rule underlying any legal system that defines the common identifying test for legal validity (or "what counts as law") within that system. He articulates its application thusly:In Hart's view, the rule of recognition arises out of a convention among officials whereby they accept the rule's criteria as standards that empower and govern their actions as officials. [http://www.iep.utm.edu/l/law-phil.htm#SSH1b.i] The rule is cognizable from the social practices of officials acknowledging the rule as a legitimate standard of behavior, exerting social pressure on one another to conform to it, and generally satisfying the rule's requirements. To this end, as explained by Hart, the rule has three functions:
# To establish a test for valid law in the applicable legal system,
# To confer validity to everything else in the applicable legal system, and
# To unify the laws in the applicable legal system.According to Hart, any rule that complies with the rule of recognition is a valid legal rule. For example, if the rule of recognition were "what the Queen says is law", then any rule the Queen spoke would be a valid legal rule.


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