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19,230 Views • Aug 3, 2020 • Click to toggle off description
This is a lecture video about a selection of Scott Shapiro's essay "What is the Rule of Recognition (and Does it Exist)?" The essay concerns HLA Hart's fundamental, secondary rule, the rule of recognition. Shapiro argues that although it is natural to think of the rule of recognition as power-conferring, it is instead duty-imposing. Specifically, it imposes a duty on legal officials, i.e. courts, to apply rules that meat certain criteria of legal validity, and those criteria constitute the test of validity for that legal system. Justicability is also discussed. This lecture is part of a Philosophy of Law course.
Views : 19,230
Genre: Education
Date of upload: Aug 3, 2020 ^^
Rating : 4.847 (13/327 LTDR)
RYD date created : 2022-01-25T05:46:58.720551Z
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YouTube Comments - 18 Comments
Top Comments of this video!! :3
Thank you so much, I finally have Hart in my head!
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Un colega y yo nos hemos pegado con esto de fondo, muchas gracias por este momento tan espectacular y épico
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Thanks a lot, that's very helpful and very interesting to watch !
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Hi! Thanks for the video. Very interesting ideas. Could you please post a second part explaining how this fits in with legal conventionalism? Mainly Marmor’s argument that the Rules of Recognition are constitutive rather than coordination conventions, and his response to criticisms from Dworkin that rules of recognition are, at best, generally accepted reason. Thank you!
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I have a philosophy of law exam coming up; this helped a lot. Thank you for this! Could you please also cover Kelsen and Dworkin 😭😭
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thanks a lot for these! Could you pls cover Rawl's theory as well?
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Maybe I missed something, but I thought the Rule of Recognition basically says that a legal system and the laws within it only had the validity of rules if the relevant members of society recognized that validity. So if Congress passes a law that even the cops ignore, that lack of recognition effectively rules out that law as part of the legal system. 🤔
Edit: So it seems to both grant power to the legal system itself, and impose a duty to comply with it. Indeed, it is likely the sense of duty that is the source of said power. 🤓
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Thank you so much!
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So no one is talking about how he is writing in the opposite direction the whole time?
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Proper names don't have to be accurate descriptions. Just because something is named "The Rule of Recognition", that doesn't mean that it has to be a rule at all, and certainly not that it has to be a "rule" in the sense of the particular set of jargon where the name is used.
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It isn't a British legal system. You are referring to the English legal system. Scotland has its own legal system.
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Fine. I'll go watch your chapter 5 video first
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@amayafernando4563
1 year ago
You are literally saving my life right now, before my final year LLB exam. THANK YOU SO MUCH.
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