Norms in Perspective: Norms about norms - a Hartian perspective
- Matthias Baier
Summary, in English
For Hart, one of the most significant contemporary legal positivists with high relevance for socio-legal research, law is ultimately the outcome of institutional activity resulting from the individual and which law “officials” recognize as legally valid (Galligan 2007: 7, Friedrichs 2006: 95). Hart's main contribution is that he stratifies legal rules into primary rules, mostly concerning orders and prohibitions, or rules of behaviour, and indirect secondary rules, specifying the criteria for legal validity and governing the use of the primary rules. The principal of the secondary rules is labelled the rule of recognition that determines which norms belong to – or do not belong to – a particular legal system. The recognition rule is therefore akin to a potent meta-norm and its existence and authority is, for Hart, an open empirical issue about sociological facts regarding the social pressure among other things (Hart 1997: 94, 292).
- Department of Sociology of Law
Social and Legal Norms
- Law and Society
- Sociology of Law.
- Normforskningsprojektet, Sociology of Law, Lund University
- ISBN: 978-1-4094-5343-7