Reductionist legal theories obscure the diverse functions of rules within a social system

Evidence

To reduce the two types of rule in this way to a single type would, however, obscure their character and subordinate what is of central importance in the game to what is merely ancillary. It is worth considering how far the reductionist legal theories, criticized in this chapter, similarly obscure the diverse functions which different types of legal rules have in the system of social activity of which they form part. — HLA Hart, The Concept of Law (Clarendon Law…, 649

Categorization

• corroborated: 2 independent passages support this claim — HLA Hart, The Concept of Law (Clarendon Law…, 649
• XREF: connects to: Formalism disguises the need for judicial choice by freezing rule meaning — HLA Hart, The Concept of Law (Clarendon Law…, 370; Narrow concepts of legal validity fail to prevent official abuse of power — HLA Hart, The Concept of Law (Clarendon Law…, 502; Common law rules arise from comparing cases, not from tracing prior logic — Burton, Steven J, An Introduction to Law and Legal…, 222 (+16 more)

Broader Connections

• Common law rules arise from comparing cases, not from tracing prior logic #exemplifies (0.65) — Burton, Steven J, An Introduction to Law and Legal…, 222
• Common law adjudication cycles induction and deduction into new rules #exemplifies (0.60) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 168
• Literal application of legal rules sometimes produces absurd against-purpose outcomes #exemplifies (0.60) — Frederick Schauer, Thinking Like a Lawyer, 284
• Formalism might be seen not as embodying an embarrassingly crude understanding of communication, but as a sensible and highly pragmatic response to institutional limits of generalist judges and… #qualifies (0.55)