PHIL 2150 Lecture Notes - Lecture 3: Ronald Dworkin, Judicial Interpretation, Compost
15 Feb 2018
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Lecture 5 & 6 january 25, 2018. Hart claims that for a rule to be a legal rule, it must conform to a rule of recognition. Secondary rules (second-order) are rules about primary rules. The objective of primary rules are often behaviour modification. The kind of rules we use to distinguish rules rule of recognition: following whatever the dictator says (e. g. ,) To understand the importance of secondary rules, consider the problems a society with only primary rules might have: 1. Uncertainty: uncertainty about whether a rule is custom or not. No way of knowing: would be difficult in a large society, 2. There would be no straightforward way of getting rid of rules or creating new rules: 3. Inefficiency: disagreement about how to apply and manage rules, disagreements about application would be unsolvable. No one would have the power to decide which of two conflicting rules should trump the other.
