Legal systems rest on customary social rules rather than moral foundations

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

Categorization

• corroborated: 2 independent passages support this claim — HLA Hart, The Concept of Law (Clarendon Law…, 56
• XREF: connects to: Moral rules cannot be created or altered by deliberate human enactment — HLA Hart, The Concept of Law (Clarendon Law…, 443; Narrow concepts of legal validity fail to prevent official abuse of power — HLA Hart, The Concept of Law (Clarendon Law…, 502; Establishment of legal succession requires an accepted rule rather than mere habit — HLA Hart, The Concept of Law (Clarendon Law…, 661 (+21 more)

Broader Connections

• Law’s neutrality is a myth; legal practice emerges from culture #corroborates (0.85) — Hilary Mantel, A Memoir of My Former Self- A Life in…, 643