The rule of recognition is the ultimate or master rule in a legal system. It is the criterion that officials, such as judges and legal practitioners, use to identify and acknowledge valid laws. According to Hart, the rule of recognition is a social practice or convention accepted by the legal community. It outlines the criteria that determine whether a rule is legally valid and binding.
In simpler terms, the rule of recognition answers the question, “What makes a law a law in a particular legal system?” It provides a standard for legal officials to recognize and apply valid laws. The rule of recognition is a pivotal element in Hart’s theory of legal positivism, emphasizing the importance of social acceptance and acknowledgment within a legal community as the basis for the validity of laws.
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