Legal positivism’s state-coercion premise blinds it to Quran-based legal systems.
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 (
#complicates, via linked claim)
Categorization
- XREF: connects to: Legal systems rest on customary social rules rather than moral foundations — HLA Hart, The Concept of Law (Clarendon Law…, 56; Legal coercion underlies the secular state’s supposed persuasion and negotiation — Talal Asad, Formations of the Secular:…, 35; In Islamic civilization, law served morality and science served religious inquiry. (+1 more)
Broader Connections
- Legal systems rest on customary social rules rather than moral foundations
#complicates(0.72) — HLA Hart, The Concept of Law (Clarendon Law…, 56