What is the rule of recognition in H.L.A. Hart's theory?
Correct answer: A. A rule that identifies valid legal rules within a system
- A. A rule that identifies valid legal rules within a system
- B. A rule that requires judges to follow every custom
- C. A rule that converts morality into enforceable law
- 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.
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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.
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