Hart’s Rule of Recognition: ‘The Foundations of a Legal System’ or a Form of Judicial Customary Rule?

Abstract

The rule of recognition is the foundation of a legal system for Hart. This work thoroughly discusses the rule of recognition from every possible aspect and mentions the various ways in which Hart has used it in his literature. This article adds to the list of shortcomings in Hart’s treatment of the rule of recognition and finds inconsistencies in his position regarding the same. Hart considers every standard used by the court for its decision as a rule of recognition. Therefore, when a decision is based on a legal principle Hartian theory would consider it as a rule of recognition.