Treaties with chiefs made customary law the federation’s common law

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 (#corroborates, 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; Colonial administrative decision-making consolidated conflicting local knowledge into packages; States defended birching by appealing to tradition and fixed treaty standards — , The Rod and the Child: A Global History…, 9136 (+2 more)

Broader Connections