This paper analyzes one of H. L. A. Hart’s central innovations in legal theory: the identification of a distinct category of secondary rules, comprising rules of recognition, rules of change, and rules of adjudication. Without engaging in the long-debated issue of whether these rules are, as Hart maintained, power-conferring rather than duty-imposing, the study proposes an alternative understanding of their unifying feature. It argues that what fundamentally characterizes these three types of norms is not their power-conferring nature—an attribute that fits uneasily with rules of recognition—but rather their relational structure: they are rules about rules, or second-order rules. In highlighting this structural commonality, the paper contributes to a clearer conceptual delineation of the nature and function of secondary rules within Hart’s legal framework and contemporary jurisprudence.

On secondary rules (1975)

Ratti, Giovanni Battista
2025-01-01

Abstract

This paper analyzes one of H. L. A. Hart’s central innovations in legal theory: the identification of a distinct category of secondary rules, comprising rules of recognition, rules of change, and rules of adjudication. Without engaging in the long-debated issue of whether these rules are, as Hart maintained, power-conferring rather than duty-imposing, the study proposes an alternative understanding of their unifying feature. It argues that what fundamentally characterizes these three types of norms is not their power-conferring nature—an attribute that fits uneasily with rules of recognition—but rather their relational structure: they are rules about rules, or second-order rules. In highlighting this structural commonality, the paper contributes to a clearer conceptual delineation of the nature and function of secondary rules within Hart’s legal framework and contemporary jurisprudence.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11567/1271638
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