Naslov
The Rule of Recognition and the Emergence of a Legal System

Autori
Burazin, Luka

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, neobjavljeni rad, znanstveni

Skup
Genoa-Slavic Legal Theory Seminar

Mjesto i datum
Genova, Italija, 11.12.2014. - 12.12.2014

Vrsta sudjelovanja
Pozvano predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
rule of recognition, constitutive rules, artifact theory of law, institutional artifacts, legal system

Sažetak
The paper claims that the rule of recognition, given the way it is presented by Hart, cannot be a constitutive rule of any legal system as a whole, but rather a constitutive rule of legal rules as elements of a legal system. Since I take the legal system to be an institutional artifact kind, I claim that, in order to account for a legal system as a whole, at least two further constitutive rules, in addition to the rule of recognition as a token-element constitutive rule, are needed – one constitutive of legal officials and the other constitutive of a legal system as a token. However, given the central role the legal officials' practice occupies in establishing a particular instantiation or token of a legal system, I also claim that the rule of recognition cannot be understood as 'merely' a token-element constitutive rule but also as a legal system's implementation or concretisation rule.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA