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Legal officials, the rule of recognition, and international law

KEITH CULVER and MICHAEL GIUDICE

in Legality's Borders: An Essay in General Jurisprudence

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195370751
eISBN:
9780199775903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370751.003.001
Subject:
Law, Philosophy of Law

This chapter analyzes the limits to Hart's account of an official-operated rule of recognition as an account of the existence and borders of legal systems. The argument is developed via assessment of ... More


11. Where Have All the Powers Gone?: Hartian Rules of Recognition, Noncognitivism, and the Constitutional and Jurisprudential Foundations of Law

STEPHEN PERRY

in The Rule of Recognition and the U.S. Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter argues that Hart's doctrine of the rule of recognition is flawed in two distinct but ultimately related ways. The first error is conceiving of the foundations of law as necessarily ... More


9. What Is the Rule of Recognition (And Does It Exist)?

SCOTT J. SHAPIRO

in The Rule of Recognition and the U.S. Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter examines the opposition to the rule of recognition. Section I states Hart's doctrine of the rule of recognition with some precision. Section II attempts to detail the many roles that the ... More


12. Who Needs Rules of Recognition?

JEREMY WALDRON

in The Rule of Recognition and the U.S. Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter asks what a rule of recognition actually is, what it does, and what it is good for. It asks what its relation is to other sorts of secondary rules that we may find in a constitutional ... More


1. The Rule of Recognition and the Constitution +

KENT GREENAWALT

in The Rule of Recognition and the U.S. Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter is about ultimate standards of law in the United States. It attempts to discern the jurisprudential implications of widespread practices involving the Constitution and other standards of ... More


8. Social Facts, Constitutional Interpretation, and the Rule of Recognition *

MATTHEW D. ADLER

in The Rule of Recognition and the U.S. Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter addresses the question of how participants in the United States legal system argue about constitutional interpretation (CI). The chapter is organized as follows. Section I discusses the ... More


7. Rules of Recognition, Constitutional Controversies, and the Dizzying Dependence of Law on Acceptance

LARRY ALEXANDER and FREDERICK SCHAUER

in The Rule of Recognition and the U.S. Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter takes up the question of the nonlegal foundations of any legal system and, in particular, H. L. A. Hart's notion of the ultimate rule of recognition—the master rule that pedigrees the ... More


The Conventionality Thesis

JULES L. COLEMAN

in The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264124
eISBN:
9780191707698
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264124.003.0008
Subject:
Law, Philosophy of Law

This chapter defends the conventionality thesis — the claim that legal authority is made possible by a specific set of conventional social practice. It begins by considering the widely misunderstood ... More


Negative and positive positivism

Jules L. Coleman

in Markets, Morals, and the Law

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199253609
eISBN:
9780191719783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199253609.003.0001
Subject:
Law, Competition Law

This chapter presents and defends a version of legal positivism, relying on two distinctions: one between epistemic and ontological conceptions of the rule of recognition, and the other between ... More


Of Final Things: Morality as one of the Ultimate Determinants of Legal Validity

Matthew H. Kramer

in Where Law and Morality Meet

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546138
eISBN:
9780191705434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546138.003.0005
Subject:
Law, Philosophy of Law

This chapter expounds the idea of a Rule of Recognition (that is, a basic set of law-ascertaining criteria) in every legal system. It then parries Kenneth Himma's criticisms of Inclusive Legal ... More


2. Precedent-Based Constitutional Adjudication, Acceptance, and the Rule of Recognition

RICHARD H. FALLON

in The Rule of Recognition and the U.S. Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter responds to claims that the Supreme Court behaves lawlessly whenever it follows erroneous past decisions, by invoking and applying H. L. A. Hart's famous assertions that the ultimate ... More


4. Understanding the Relationship Between the U.S. Constitution and the Conventional Rule of Recognition

KENNETH EINAR HIMMA

in The Rule of Recognition and the U.S. Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.003.0004
Subject:
Law, Constitutional and Administrative Law

Legal theorists specializing in constitutional theory have tended to regard positivism and other conceptual theories as irrelevant; the idea is that a theory of the concept of law cannot tell us ... More


An Epistemic Account of the Internal Point of View

Antony Hatzistavrou

in Law and Philosophy

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199237159
eISBN:
9780191705427
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199237159.003.0007
Subject:
Law, Philosophy of Law

This chapter presents an epistemic account of the internal point of view. It argues that to have the internal point of view towards law is to be epistemically guided by law and especially by the rule ... More


Authority and Reason

Jules Coleman

in The Autonomy of Law: Essays on Legal Positivism

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198267904
eISBN:
9780191683404
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267904.003.0010
Subject:
Law, Philosophy of Law

This chapter attempts to revisit the relationship between incorporationism and the rule of recognition. In doing so, the chapter reviews various accounts of normative force or authority and outlines ... More


Can There Be a Written Constitution?

John Gardner

in Oxford Studies in Philosophy of Law: Volume 1

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606443
eISBN:
9780191729683
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606443.003.0005
Subject:
Philosophy, Moral Philosophy

The existence of unwritten constitutions, such as that of the UK, strikes some as puzzling. However the existence of unwritten constitutions turns out to be easier to explain than the existence of ... More


Constitutive Conventions

Andrei Marmor

in Positive Law and Objective Values

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198268970
eISBN:
9780191713187
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268970.003.0001
Subject:
Law, Philosophy of Law

This chapter suggests a distinction between two main kinds of social conventions, coordination and constitutive, arguing that the latter kind is far more important for the explication of the ... More


. Theoretical Approaches to Sovereignty and Legal System

PETER C. OLIVER

in The Constitution of Independence: The Development of Constitutional Theory in Australia, Canada, and New Zealand

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198268956
eISBN:
9780191713200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268956.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter attempts an original explanation of the independence of legal systems. The assumption made here is that constitutional independence can be explained, first, by observing that questions ... More


Where Homer Nodded?

AW Brian Simpson

in Reflections on 'The Concept of Law'

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199693320
eISBN:
9780191731983
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199693320.003.0006
Subject:
Law, Philosophy of Law

This chapter attempts to identify what seem to be defects, for example, omissions and ideas not fully worked out, in The Concept of Law. What are principally of interest are issues which Hart ... More


3. How the Written Constitution Crowds out the Extraconstitutional Rule of Recognition

MICHAEL C. DORF

in The Rule of Recognition and the U.S. Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter argues that the existence of the written Constitution crowds out arguments rooted in the customs of nonjudicial government. It offers support for the existence of the phenomenon, but ... More


In Defense of Hart

Matthew H. Kramer

in Philosophical Foundations of the Nature of Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675517
eISBN:
9780191757280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675517.003.0003
Subject:
Law, Philosophy of Law

In his book Legality, Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H. L. A. Hart's jurisprudential theory. ... More


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