Establishment of legal succession requires an accepted rule rather than mere habit
Evidence
For there is plainly a distinction between the case in which the members of a society each as a matter of fact habitually obey whoever for the time being answers to a certain description, and one in which a rule is accepted that whoever answers this description has a right or title to be obeyed. — HLA Hart, The Concept of Law (Clarendon Law…, 661
Categorization
- corroborated: 2 independent passages support this claim — HLA Hart, The Concept of Law (Clarendon Law…, 661
- XREF: connects to: Legal systems rest on customary social rules rather than moral foundations — HLA Hart, The Concept of Law (Clarendon Law…, 56; Constitutional law’s foundational modalities derive legitimacy from use alone, not external validation. — Philip Chase Bobbitt, Reflections Inspired by My Critics, 59; Law emerges when a secondary rule separates legal rules from social rules — Ronald M. Dworkin, The Model of Rules, 59 (+5 more)
Broader Connections
- Legal systems rest on customary social rules rather than moral foundations
#contradicts(0.80) — HLA Hart, The Concept of Law (Clarendon Law…, 56 - Law emerges when a secondary rule separates legal rules from social rules
#expands(0.80) — Ronald M. Dworkin, The Model of Rules, 59 - Authority builds from accumulated past compliance without requiring ongoing justification
#contradicts(0.80) - Legal legitimacy is structural contingency, not shared conviction
#expands(0.75) - Legitimacy can be derived from constitutional practices rather than from justifications.
#qualifies(0.60) — Philip Chase Bobbitt, Reflections Inspired by My Critics, 15 - Motivation for a ruling must be distinguished from constitutional causality
#corroborates(0.50) — Philip Chase Bobbitt, Reflections Inspired by My Critics, 807