Law 2101 Study Guide - Quiz Guide: Legal Positivism
Document Summary
Fast changes are undesirable and difficult to follow: inefficiency of social pressure: - social pressure is not enough for enforcement of rules. Leads to an inefficiency operating legal system. Hart: - modern legal systems have rules which govern law itself: - by secondary rules. Secondary rules: - address judges, legislators and adm. decision makers. Procedure for creating new law and modifying or derogating existing law. Tests to identify legal rules (distinguishes them from moral and social rules) Legal sources and legal systems count- as- rules: - rules of recognition. Satisfy a criterion formulated by some other legal rule. > legal statutes -> ) pedigree: - count- as- rues refer to the origin or pedigree of a rule as test of legal nature of that rule. Determines whether a rule belongs to law. All rules which are part of the pyramid system are legal rules. Rule belong to pyramid system if it was created by a competent rule-maker (government, legislator, court)
