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Journal article

Legal sources, the rule of recognition, and customary law

Abstract:

A perennial puzzle about source-based law such as precedent is what makes sources legally binding. One of the most influential answers to this puzzle is provided by Hart’s rule of recognition. According to Hart, the sources of law are accepted as binding by the officials of a legal system, and this collective social practice of officials provides the foundations for a legal system. According to Hart, the rule of recognition differs fundamentally from other legal rules in three ways: (1) the g...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1093/ajj/auu005

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Role:
Author
Publisher:
https://academic.oup.com/ Publisher's website
Journal:
American Journal of Jurisprudence Journal website
Volume:
59
Issue:
1
Pages:
25-48
Publication date:
2014-06-01
DOI:
EISSN:
2049-6494
ISSN:
0065-8995
Pubs id:
pubs:581608
UUID:
uuid:c6f2e080-4196-4afa-a922-c31c43e55d31
Local pid:
pubs:581608
Source identifiers:
581608
Deposit date:
2016-01-11

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