Saturday, January 28, 2012
Is this rule Hart recognition?
Herbert Lionel Adolphus Hart is a philosopher of legal formed British, whose writing belong to the philosophical category of legal positivism. Rule of recognition is one of the central concepts of the philosophy. Recognition of DefinitionHart rule underlies all other possible rules that can be performed in a legal system. It is a collective agreement by the arbitrators of the right to a specific set of standards and criteria to use to govern. By definition, no decision or a rule can only legally valid if not deems the rule of the Recognition.FunctionHart priority recognition rule Hart calls "primary" and "secondary" rules of the law is. Primary rules are as guidelines for behavior that organize and society to rule while the secondary rules determine primary rules are applied and take what shape you defined. For example, parts of the Act United States detail how to change existing laws are that Hart concept before rules.SignificanceHart would call law, school of recognition, rule separates its approach to the other legal positivist John Austin and Ronald Dworkin. These ideas are still very influential legal philosophy students.