Custom precedes and generates law and morality from one undifferentiated norm
Evidence
A customary practice of those whose role it is to apply primary rules, a rule of recognition provides criteria of legal validity by determining which acts create law. So the fundamental constitution of a legal system does not rest on moral justifications or logical presuppositions, but on this customary social rule created by ‘a complex … practice of the courts, officials, and private persons’ (107). — HLA Hart, The Concept of Law (Clarendon Law…, 56 (
#qualifies, via linked claim)
Categorization
- XREF: connects to: Societal requirements transform into self-justifying norms devoid of social origin; Legal systems rest on customary social rules rather than moral foundations — HLA Hart, The Concept of Law (Clarendon Law…, 56; Duty-based morality may predate and underlie rights-based morality. — Nicolas Baumard, A mutualistic approach to morality: The…, 560
Related
- Legal systems rest on customary social rules rather than moral foundations (similarity 0.91)
- Societal requirements transform into self-justifying norms devoid of social origin (similarity 0.84)
- So Hart offers a general theory of rules that does not make their authority depend upon the physical power of their authors. If we examine the way different rules come into being, he tells us, and… (similarity 0.80)
- Treaties with chiefs made customary law the federation’s common law (similarity 0.79)
- Establishment of legal succession requires an accepted rule rather than mere habit (similarity 0.79)
- Duty-based morality may predate and underlie rights-based morality. (similarity 0.79)
- Moral rules cannot be created or altered by deliberate human enactment (similarity 0.78)
Broader Connections
- Legal systems rest on customary social rules rather than moral foundations
#qualifies(0.78) — HLA Hart, The Concept of Law (Clarendon Law…, 56 - Societal requirements transform into self-justifying norms devoid of social origin
#complicates(0.75)