Mod 5 - Master Rule For Hart's Rule Of Recogniton

Question 1

What is the rule of recognition?

Answer 1

A rule that identifies whether another rule is part of the legal system

The rule of recognition specifies features that indicate a rule’s status within a legal group.

Question 2

What are the necessary and sufficient conditions of the existence of a legal system according to Hart?

Answer 2

• Officials must have an internal attitude towards the rule of recognition
• Valid legal rules must generally be obeyed by officials and citizens

Question 3

What is the supreme criterion in the UK legal system?

Answer 3

Parliamentary enactment

The supreme criterion dominates over other rules, such as common law or custom.

Question 4

What is the ultimate rule of recognition?

Answer 4

The rule of recognition itself

It cannot be traced back further than itself, similar to Kelsen’s basic norm.

Question 5

True or False: The existence of the rule of recognition is a matter of empirical fact.

Answer 5

True

Question 6

What does Hart say about the explicit formulation of the rule of recognition?

Answer 6

It is seldom explicitly formulated in day-to-day legal practice

Its existence is shown through the identification of particular rules.

Question 7

What is the importance of the distinction between identifying law itself and particular laws?

Answer 7

It leads to more precise specifications of legal knowledge required.

Question 8

How does Hart define a legal system?

Answer 8

A system that must be generally effective for legal validity to be meaningful.

Question 9

What is Finnis’s main criticism of Hart’s rule of recognition?

Answer 9

Insufficient specification of the attitude officials have towards the rule of recognition.

Question 10

According to Finnis, what constitutes an official’s acceptance of the rule of recognition?

Answer 10

A moral acceptance of the rule.

Question 11

What is Dworkin’s critique of the rule of recognition?

Answer 11

It fails to account for legal argument and the interpretation of law.

Question 12

Fill in the blank: Hart’s rule of recognition is identified as a matter of _______.

Answer 12

[empirical fact]

Question 13

What does Dworkin argue about the role of judges in relation to the law?

Answer 13

Judges misdescribe their role by claiming to ‘find’ the law rather than ‘legislate’.

Question 14

What are the two main components of the rule of recognition according to Hart?

Answer 14

• Supreme criteria
• Subordinate criteria of legal validity

Question 15

What is the relationship between effectiveness and validity in Hart’s theory?

Answer 15

A legal system must be generally effective for validity to be a meaningful concept.

Question 16

What does Dworkin mean by the idea of interpretation?

Answer 16

There is no descriptive sense of a rule independent of interpretation.

Question 17

True or False: According to Dworkin, hard cases do not concern law at all.

Answer 17

True

Question 18

What does Hart say is crucial for the existence of a legal system?

Answer 18

Unified or shared official acceptance of the rule of recognition.

Question 19

What does s.51 of the Adoption Act 1951 state regarding birth certificates?

Answer 19

If any person applies in the prescribed manner for his or her birth certificate, the Registrar-General shall supply that person with the required certificate.

Question 20

What is Finnis’s critique of Hart’s rule of recognition?

Answer 20

Finnis criticizes Hart’s rule of recognition for its over-emphasis on identification through empirical fact, questioning whether evaluative criteria are needed.

Question 21

According to Dworkin, what does the rule of recognition fail to adequately address?

Answer 21

Dworkin criticizes the rule of recognition for leaving judicial reasoning outside the realm of law.

Question 22

What does Hart claim about his theory in contrast to Dworkin’s?

Answer 22

Hart’s theory is intended to be descriptive and morally neutral, while Dworkin’s is evaluative and justificatory.

Question 23

Hart disagrees with Dworkin regarding the purpose of law. What is Hart’s view?

Answer 23

Hart does not believe that the point or purpose of law is to justify coercion.

Question 24

How does Hart view the Nazi legal system in the context of legal theory?

Answer 24

Hart maintains that the Nazi legal system, despite its moral wickedness, is still law due to its shared features with modern legal systems.

Question 25

What is the 'semantic sting' criticism that Hart addresses?

Answer 25

The 'semantic sting' criticism suggests that no adequate account of law can be based solely on how people speak about it.

Question 26

What does Hart assert about the distinction between rules and principles?

Answer 26

Hart thinks Dworkin exaggerates the differences between rules and principles, acknowledging differences in specificity and weight.

Question 27

In the Riggs v Palmer case, what does Hart argue about the nature of the decision?

Answer 27

Hart asserts that the case illustrates a clash between a rule and a principle rather than two principles.

Question 28

What is the nulla poena sine lege principle?

Answer 28

The principle that no one should be punished unless there is a law prohibiting the act at the time it was done.

Question 29

According to Hart, how do judges exercise discretion in unregulated cases?

Answer 29

Hart believes judges can act as judicial law-makers without posing a great threat to democracy.

Question 30

What does Hart claim about the relationship between law and morality?

Answer 30

Hart argues that legal theory involves a descriptive account of law and is not concerned with justification or morality.

Question 31

Fill in the blank: The rule of recognition exists only as a _______ of the courts, officials, and private persons.

Answer 31

complex, but normally concordant, practice.

Question 32

True or False: Hart believes that evil legal systems cannot be classified as law.

Answer 32

False

Question 33

What task is suggested for understanding the distinction between legal rules and principles?

Answer 33

Provide and compare examples of legal rules and legal principles.

Question 34

What is Hart's main line in his Postscript?

Answer 34

Hart emphasizes that legal theory is a descriptive account of law, distinct from questions of justification.

Question 35

What does Hart reaffirm about evil legal systems in his Postscript?

Answer 35

He reaffirms that evil legal systems are as much law as moral legal systems.

Question 36

What is the rule of recognition?

Answer 36

It identifies the laws of a legal system ## Footnote The rule of recognition is a fundamental concept in Hart's legal theory, serving as a criterion for identifying valid laws within a legal system.

Question 37

What method does Hart emphasize in his approach?

Answer 37

Linguistic-descriptive method ## Footnote Hart's method focuses on the language used in legal discourse to clarify and analyze legal concepts.

Question 38

What criticism does Dworkin make regarding the rule of recognition?

Answer 38

Judges are not elected and should not make law ## Footnote Dworkin challenges the idea that judges can create law, arguing that their role should be strictly interpretive.

Question 39

What is the focus of Hart's Postscript?

Answer 39

Meeting objections from various critics ## Footnote The Postscript addresses criticisms of Hart's legal positivism, particularly from Dworkin.

Question 40

What case does Hart discuss to argue for legal positivism?

Answer 40

The Nazi informer case ## Footnote This case illustrates the complexities of legal obligation and moral considerations in Hart's legal theory.

Question 41

What should one do before evaluating Hart's claims in the Postscript?

Answer 41

Read thoroughly the Postscript after studying other jurisprudential approaches ## Footnote This preparation ensures a comprehensive understanding of the context and critiques Hart addresses.

Question 42

What are the necessary and sufficient conditions for the existence of a legal system according to Hart?

Answer 42

Conditions are not specified in the text but include criteria established by the rule of recognition ## Footnote These conditions help define what constitutes a legal system in Hart's framework.

Question 43

What significance does the rule of recognition hold for Hart?

Answer 43

It establishes his form of legal positivism ## Footnote The rule of recognition is crucial for determining legal validity and the structure of legal systems in Hart's theory.

Question 44

What is a critical point of Hart's claim about the rule of recognition?

Answer 44

It is identified as 'a matter of fact' ## Footnote This assertion raises debates about the objectivity and nature of legal norms.

Question 45

What are the main arguments presented by Dworkin against the rule of recognition theory?

Answer 45

Arguments are not detailed in the text but challenge the sufficiency of the rule of recognition ## Footnote Dworkin's critique often revolves around the moral dimensions of law and the role of judicial interpretation.

Question 46

What is Hart's position in the Postscript regarding legal validity?

Answer 46

He addresses criticisms and defends his legal positivism approach ## Footnote The Postscript serves as a platform for Hart to clarify and reinforce his theories in response to critiques.

Question 47

What is the significance of the Postscript for understanding law generally?

Answer 47

It aids in interpreting the main doctrines of The Concept of Law ## Footnote The Postscript provides insights into Hart's theoretical framework and its implications for legal philosophy.

Question 48

Fill in the blank: The concept of law is primarily discussed in Hart's _______.

Answer 48

The Concept of Law ## Footnote This foundational text lays out Hart's theories on legal positivism and the structure of legal systems.

Question 49

True or False: Judges are elected officials who create law according to Hart.

Answer 49

False ## Footnote Hart distinguishes between the roles of judges and lawmakers, emphasizing that judges interpret rather than create law.