What is the rule of recognition in H.L.A. Hart's theory?
Correct answer: C. A rule that identifies valid legal rules within a system
- A. A rule that converts morality into enforceable law
- B. A rule that requires judges to follow every custom
- C. A rule that identifies valid legal rules within a system
- D. A rule that gives the sovereign unlimited authority
Explanation
Hart's rule of recognition is a social rule used by officials to identify the valid sources and criteria of law in a legal system. It is not simply a command of a sovereign, which is the central idea in Austin's theory.
Report an error
The more specific you are, the faster it gets fixed. A source beats an opinion.
Prefer email? [email protected]
About Jurisprudence
Jurisprudence examines the nature, purpose and sources of law through the ideas of justice, rights, duties, sovereignty, liability and legal personality. It compares natural law, analytical positivism, historical, sociological and realist approaches, and considers how courts interpret legal rules, distinguish law from morality and resolve conflicts between competing principles.
Practise Jurisprudence
70 free Jurisprudence MCQs from Law and Constitution, each with the correct answer and an explanation. Unlimited attempts, no account needed.
Discussion
Stuck on an option, or know a faster way to get there? Ask or explain it here.
No comments yet. Be the first to explain this one.
Exams that ask Law and Constitution questions like this
Law and Constitution is on 2 papers prepared for on TestUstad, and all of them draw the same bank, so this question is worth knowing for every one of them.
More Jurisprudence questions
According to John Austin, what makes a rule a law?
What is the central concern of jurisprudence?
What does Hans Kelsen's Grundnorm represent in his Pure Theory of Law?
Which concept is most closely associated with Friedrich Carl von Savigny's historical school of jurisprudence?
What is the usual position of natural law theory regarding a seriously unjust law?
What does Roscoe Pound mean by describing law as social engineering?