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

Broader Connections