Identifying valid legal criteria in any system is an empirical question of fact
Evidence
The question whether a rule of recognition exists and what its content is, i.e. what the criteria of validity in any given legal system are, is regarded throughout this book as an empirical, though complex, question of fact. — HLA Hart, The Concept of Law (Clarendon Law…, 682
Categorization
- corroborated: 2 independent passages support this claim — HLA Hart, The Concept of Law (Clarendon Law…, 682
- XREF: connects to: The ultimate rule of recognition is both law and fact. — HLA Hart, The Concept of Law (Clarendon Law…, 343; Deductive legal reasoning requires identifying the controlling major premise. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 751; Sound legal arguments require both valid reasoning and true premises — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 250 (+8 more)
Broader Connections
- Judicial decisions are governed by beliefs about facts and rules
#corroborates(0.75) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 160 - Legal precepts evolve slowly as working hypotheses continually retested in courts
#expands(0.75) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 644 - Sound legal arguments require both valid reasoning and true premises
#expands(0.70) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 250 - Common law rules arise from comparing cases, not from tracing prior logic
#expands(0.70) — Burton, Steven J, An Introduction to Law and Legal…, 222 - A legal principle emerges from a long line of decisions.
#expands(0.70) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 134 - Inductive legal conclusions serve as major premises in deductive legal arguments.
#expands(0.65) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 340 - Deductive legal reasoning requires identifying the controlling major premise.
#expands(0.60) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 751