Relationship Hart's Secondary Rule Recognition Kelsen's Basic Standard Philosophy essay
Hart and Kelsen - Rule of Recognition and Grundnorm Brief Comparison As is generally recognized, Hart's views on RR are similar to Hans Kelsen's idea of the basic norm. They both claim that there is some kind of main norm that determines what counts as law in a particular legal order. The disagreement is about: Both HLA Hart and Hans Kelsen view the concept of a legal system from the perspective of legal positivism. The lack of "uncertainty," that is, the absence of authoritative rule-making procedures regarding the precise nature of the primary rules, would be remedied by a secondary rule that Hart calls "the rule of recognition." While in most positivist views a The actual state of affairs or regularity must take into account the validity of the law. For example, certain rules are usually interpreted as legal rules in society. Legal realism or the majority of judges within a legal system have accepted the rule of recognition. Hart, Kelsen tries to interpret this a. One might note in passing a number of possible lines of response: first, that for Hart, as for Kelsen before him, there is the idea of a single rule of recognition for Kelsen, the single Grundnorm or “Basic Norm” – for example Hans Kelsen , Introduction to the Problems of Legal Theory trans. by Bonnie Litschewski Paulson and Stanley L. Paulson Oxford, Legal positivism is the thesis that the existence and content of law depends on social facts and not on its merits. The English lawyer John Austin (1790-1859) put it as follows: The existence of law is one thing its merit and another its detriment. Whether or not it is so is one question, whether or not it conforms to an assumed standard.