Introduction to Legal Theories (LAW034) Chapter 2 – Rules

Flashcards covering Chapter 2 topics: Rules, Hart's primary and secondary rules, legal vs social rules, sources of rules, social control, sanction, enforcement, compliance, and dispute settlement.

What is a legal rule?

A rule that exists within a legal system with enforcement and amendment mechanisms, created by officials (e.g., legislation) and enforced by authorities (police, courts).

What is a social rule?

A normative rule guiding behavior that operates through social control, internalization, and informal sanctions, not primarily through formal institutions.

What are Hart's primary rules?

Rules that impose duties and regulate behavior; create obligations to act or abstain (e.g., criminal law, speed limits).

What are Hart's secondary rules?

Rules that confer powers to create, modify, or enforce primary rules (e.g., recognition, change, and adjudication).

What are Hart's rules of recognition, change, and adjudication?

Secondary rules that govern the existence and modification of primary rules: recognition defines what counts as a rule; change allows creation/amendment; adjudication governs interpretation and dispute resolution.

How is validity different for legal rules and social rules?

Legal rules have formal validity through legislation; social rules have informal validity based on social norms.

What are sanctions under legal rules?

Formal penalties defined by statute (fines, imprisonment) enforced by state institutions.

What are sanctions under social rules?

Informal sanctions such as praise, gossip, shaming, and social disapproval.

How is enforcement different for legal vs social rules?

Legal rules are enforced by official institutions (police, courts, prosecutors); social rules are enforced informally through social pressure.

What is compliance with legal rules?

External control achieved via law, threats, and formal enforcement; compliance by individuals or organizations.

What is compliance with social rules?

Internal control via internalized norms; compliance due to self-regulation and social expectations.

Name some categories of social rules.

Religion, Moral, Ethics, Custom, Fashion, Taboo.

What is Religion as a source of law?

Religion is considered an original source of law; guidance from holy texts (Quran, Torah, Bible) and associated morality; e.g., Islam, Judaism, Christianity.

What are moral values in this context?

Individual beliefs about right or wrong; social expectations based on shared values; moral order and its relation to law.

What is Custom in legal theory?

Unwritten rules of customary usage; passed from generation to generation; can govern behavior; Hart notes custom has no legal status unless recognized by law.

What is the 'law of fashion' as discussed in the notes?

Fashion norms and attire governed by professional standards and opinion; not formal statute; e.g., courtroom attire may regulate fashion.

What is Taboo?

A strong social prohibition against certain acts, words, or objects deemed offensive; some taboos may be illegal or lead to embarrassment if violated.

Give examples of taboos mentioned.

Dietary restrictions (halal, kosher), taboo on certain sexual activities, restrictions on bodily functions, obscenity and vulgarity.

What is social control according to EA Ross?

A broad term for how societies maintain order and predictability, using law, public opinion, religion, education, custom, and other means.

What are the main types of rules in Hart's framework?

Primary rules (duties) and secondary rules (powers to create/modify/enforce rules).

What are the drawbacks of having only primary rules?

Inefficiency and uncertainty; primary rules are static and require courts to enforce/interpret them without a flexible framework.

What are the three secondary rules called?

Rules of recognition, rules of change, and rules of adjudication.

How do secondary rules relate to primary rules?

Secondary rules confer powers to create, modify, or enforce primary rules, and provide procedures for changing and applying them.

What is the difference in dispute settlement between legal and social rules?

Legal rules rely on formal dispute resolution (court, ADR); social rules use informal methods (shaming, avoidance, self-help).

What is the difference in validity between legal and social rules?

Legal rules require formal validity via legislation; social rules have informal validity and rely on social acceptance.

What is the distinction between internal and external control?

Social rules rely on internal control (internalization) while legal rules rely on external control (state enforcement).