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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


Law as a System of Rules

D. J. GALLIGAN

in Law in Modern Society

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199291830
eISBN:
9780191700675
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199291830.003.0006
Subject:
Law, Philosophy of Law

The rule of recognition, as a social fact, aids in understanding how social rules make up a system of law in two ways. First, it serves as an ultimate rule that links rules to form a system as it ... More


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