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Norms in Perspective: Norms about norms - a Hartian perspective

Dahlstrand, Karl LU (2013) In Social and Legal Norms p.89-105
Abstract
My purpose in this article is to make a contribution to what the legal philosopher H.L.A. Hart (1907-1992) has to say about providing a sociological understanding of law and to apply Hart's theory in relation to a specific area of law. The specific legal area consists of the violation compensation that victims of crime can obtain from the Crime Victim Compensation and Support Authority in Sweden. The ambition in the following article is to relate Hart’s theory to other theories that are usually of interest in Sociology of Law, in particular the relationship between legal and social norms in general, in order to stress the social and cultural basis of law (Cotterrell 1992, Tuori, 2002), rather than to embellish Hart’s theory at such.... (More)
My purpose in this article is to make a contribution to what the legal philosopher H.L.A. Hart (1907-1992) has to say about providing a sociological understanding of law and to apply Hart's theory in relation to a specific area of law. The specific legal area consists of the violation compensation that victims of crime can obtain from the Crime Victim Compensation and Support Authority in Sweden. The ambition in the following article is to relate Hart’s theory to other theories that are usually of interest in Sociology of Law, in particular the relationship between legal and social norms in general, in order to stress the social and cultural basis of law (Cotterrell 1992, Tuori, 2002), rather than to embellish Hart’s theory at such.

For Hart, one of the most significant contemporary legal positivists with high relevance for socio-legal research, law is ultimately the outcome of institutional activity resulting from the individual and which law “officials” recognize as legally valid (Galligan 2007: 7, Friedrichs 2006: 95). Hart's main contribution is that he stratifies legal rules into primary rules, mostly concerning orders and prohibitions, or rules of behaviour, and indirect secondary rules, specifying the criteria for legal validity and governing the use of the primary rules. The principal of the secondary rules is labelled the rule of recognition that determines which norms belong to – or do not belong to – a particular legal system. The recognition rule is therefore akin to a potent meta-norm and its existence and authority is, for Hart, an open empirical issue about sociological facts regarding the social pressure among other things (Hart 1997: 94, 292). (Less)
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author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Hart, Norms, Metanorm, Wittgenstein, rules, Law, Compensation, Sociology of Law.
in
Social and Legal Norms
editor
Baier, Matthias
pages
89 - 105
publisher
Ashgate
external identifiers
  • WOS:000341298500007
ISBN
978-1-4094-5343-7
project
Normforskningsprojektet, Sociology of Law, Lund University
language
English
LU publication?
yes
id
4e49049c-eed5-4afb-b096-9d00e481b9e0 (old id 3632913)
date added to LUP
2013-04-11 13:46:51
date last changed
2016-04-16 09:03:27
@misc{4e49049c-eed5-4afb-b096-9d00e481b9e0,
  abstract     = {My purpose in this article is to make a contribution to what the legal philosopher H.L.A. Hart (1907-1992) has to say about providing a sociological understanding of law and to apply Hart's theory in relation to a specific area of law. The specific legal area consists of the violation compensation that victims of crime can obtain from the Crime Victim Compensation and Support Authority in Sweden. The ambition in the following article is to relate Hart’s theory to other theories that are usually of interest in Sociology of Law, in particular the relationship between legal and social norms in general, in order to stress the social and cultural basis of law (Cotterrell 1992, Tuori, 2002), rather than to embellish Hart’s theory at such. <br/><br>
For Hart, one of the most significant contemporary legal positivists with high relevance for socio-legal research, law is ultimately the outcome of institutional activity resulting from the individual and which law “officials” recognize as legally valid (Galligan 2007: 7, Friedrichs 2006: 95). Hart's main contribution is that he stratifies legal rules into primary rules, mostly concerning orders and prohibitions, or rules of behaviour, and indirect secondary rules, specifying the criteria for legal validity and governing the use of the primary rules. The principal of the secondary rules is labelled the rule of recognition that determines which norms belong to – or do not belong to – a particular legal system. The recognition rule is therefore akin to a potent meta-norm and its existence and authority is, for Hart, an open empirical issue about sociological facts regarding the social pressure among other things (Hart 1997: 94, 292).},
  author       = {Dahlstrand, Karl},
  editor       = {Baier, Matthias},
  isbn         = {978-1-4094-5343-7},
  keyword      = {Hart,Norms,Metanorm,Wittgenstein,rules,Law,Compensation,Sociology of Law.},
  language     = {eng},
  pages        = {89--105},
  publisher    = {ARRAY(0x8555fb8)},
  series       = {Social and Legal Norms},
  title        = {Norms in Perspective: Norms about norms - a Hartian perspective},
  year         = {2013},
}