LAW214 Lecture Notes - Lecture 3: Social Fact, Blackletter, Focusing
6 Aug 2018
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Both habits and social rules involve people behaving similarly but a habit involves only similar behaviour, whereas following a social rule involves something more. Suppose a group of people walk their dogs in the park as a matter of habit. This is simply a fact about their behaviour. By contrast, when people are following a social rule, then the behaviour is thought of as the correct or proper way to behave. People who accept a rule make prescriptive statements, couched in normative language = the internal point of view. Social rules exist because they are practised or accepted. Law as consisting in two different kinds of rules. Primary rules are not necessarily legally valid rules. A rule is legally valid if it has been made in a way that conforms to criteria of validity that are contained in a higher order or secondary rule. This secondary rule is the rule of recognition.
