The Fraternity: Lawyers and Judges in Collusion

John Fitzgerald Molloy

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Although Hart introduces the rule of recognition through a speculative anthropology of how it might emerge in response to certain deficiencies in a customary social order, he is not committed to the view that law is a cultural achievement. Thus, Hart's necessary and sufficient conditions for the existence of a legal system are that “those rules of behavior which are valid according to the system's ultimate criteria of validity must be generally obeyed, and ... its rules of recognition specifying the criteria of legal validity and its rules of change and adjudication must be effectively accepted as common public standards of official behavior by its officials” (1994, p. 116).

Pages: 280

Publisher: Paragon House; First Edition edition (August 25, 2004)

ISBN: 1557788413

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