Morality and Law 2

Morality and Law 2 - Ultimate standard for determining...

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Ch 6 Thursday, January 27, 2011 12:43 PM Main ideas: 1.The foundaation of a legal system is the acceptance of a secondary rule of recognition that is used to identify primary rules of obligation (100) 2.The rule of recognition is unstated (characteristic of the internal aspect) (101-103) 3.Statement that a particular law exists is now taken to be an internal statement (110) Puzzles of validity No connection between the validity and efficacy (103) What is puzzle/problem Hart's solution Potential problems Seems to me that the efficacy of a law is related to acceptance of the validity of the law Pot smokin What would hart say in response The rule of recognition has a special place in Hart's theory
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Unformatted text preview: Ultimate standard for determining legal validity or invalidity, itself is neither valid not invalie (107-109) Meter bar in paris In the rule of recognition is not technically valid, what makes it the standard? What makes the meter bar standard It is accepted as determining legality Objections to hart's theory as ultimate rule of recog Calssification: rule of tecog no fit conventional descrip cats(111) Conve cats to crude Vagueness of saying a legal system exists( 112) Hart's responst 2 necessary and sufficient conditions Valid rules generally obeyed Secodnry rules accepted...
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