翻訳と辞書 Words near each other ・ Rule of Law (disambiguation) ・ Rule of Law (horse) ・ Rule of law doctrine in Singapore ・ Rule of Law in Armed Conflicts Project ・ Rule of law in the United Kingdom ・ Rule of Law Initiative ・ Rule of least power ・ Rule of man ・ Rule of marteloio ・ Rule of Ming and Zhang ・ Rule of mixtures ・ Rule of mutual exclusion ・ Rule of nines ・ Rule of product ・ Rule of reason ・ Rule of recognition ・ Rule of Ren and Xuan ・ Rule of replacement ・ Rule of Rescue ・ Rule of Rose ・ Rule of Saint Benedict ・ Rule of Sarrus ・ Rule of seven ・ Rule of six (viruses) ・ Rule of St. Augustine ・ Rule of succession ・ Rule of sum ・ Rule of the Bone ・ Rule of the Dukes ・ Rule of the Major-Generals Dictionary Lists mini英和辞書 mini和英辞書 Webster 1913 Latin-English FOLDOC Wikipedia English ウィキペディア

翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Rule of recognition ： ウィキペディア英語版 Rule of recognition A central part of H.L.A. Hart's theory on legal positivism, in any legal system, the rule of recognition is a master meta-rule underlying any legal system that defines the common identifying test for legal validity (or "what counts as law") within that system. He thus articulates its application: In Hart's view, the rule of recognition arises out of a convention among officials whereby they accept the rule's criteria as standards that empower and govern their actions as officials.〔http://www.iep.utm.edu/l/law-phil.htm#SSH1b.i〕 The rule is cognizable from the social practices of officials acknowledging the rule as a legitimate standard of behavior, exerting social pressure on one another to conform to it, and generally satisfying the rule's requirements. To this end, as explained by Hart, the rule has three functions: # To establish a test for valid law in the applicable legal system, # To confer validity to everything else in the applicable legal system, and # To unify the laws in the applicable legal system. The validity of a legal system is independent from its efficacy. A completely ineffective rule may be a valid one - as long as it emanates from the rule of recognition. But to be a valid rule, the legal system of which the rule is a component must, as a whole, be effective. According to Hart, any rule that complies with the rule of recognition is a valid legal rule. For example, if the rule of recognition were "what Professor X says is law", then any rule that Professor X spoke would be a valid legal rule. It follows that the rule of recognition is but a factual acknowledgement of what is indeed law; as per the classic illustration of a bill passed by the legislative authority and assented to by a Head-of-State. The fact that the bill has been made law in accordance with proper parliamentary procedure shall, in accordance with the Rule of Recognition, render it valid law. Again, this is primarily based on the fact of its existence in such manner. ==References== 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Rule of recognition」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.