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The Concept of Rules and the Concept of Law

The Concept of Rules and the Concept of Law ANTHONY DICKEY* This article examines the relationship between the concept of law and two concepts of rules, namely regulative and constitutive rules. The first part of the article comprises a consideration of the nature of, and the distinction between, regulative and constitutive rules. The second part then applies the results of the conceptual analyses in the first part to the concept of law. During the course of this study consideration is given to both theoretical and practical prob- lems relating to the recognition of rules in general and of legal rules in particular. OUR APPRECIATION OF THE RELATIONSHIP between the concept of rules and the concept of law has increased substantially over recent years. The main credit for this must go to H.L.A. Hart, whose examination of law and rules in his work, The Concept of Law, * has served both as a basis and an impetus for further study of this particu- lar subject. Many questions though still remain to be answered con- cerning this relationship, not least as a result of problems associated with some of the accounts of rules and law that have so far been presented. Perhaps the most common hindrance to a satisfactory account http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Jurisprudence Oxford University Press

The Concept of Rules and the Concept of Law

Dickey, Anthony
American Journal of Jurisprudence , Volume 25 (1) – Jan 1, 1980
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Publisher
Oxford University Press
Copyright
© 1980 by The University of Notre Dame
ISSN
0065-8995
eISSN
2049-6494
DOI
10.1093/ajj/25.1.89
Publisher site
See Article on Publisher Site

Abstract

ANTHONY DICKEY* This article examines the relationship between the concept of law and two concepts of rules, namely regulative and constitutive rules. The first part of the article comprises a consideration of the nature of, and the distinction between, regulative and constitutive rules. The second part then applies the results of the conceptual analyses in the first part to the concept of law. During the course of this study consideration is given to both theoretical and practical prob- lems relating to the recognition of rules in general and of legal rules in particular. OUR APPRECIATION OF THE RELATIONSHIP between the concept of rules and the concept of law has increased substantially over recent years. The main credit for this must go to H.L.A. Hart, whose examination of law and rules in his work, The Concept of Law, * has served both as a basis and an impetus for further study of this particu- lar subject. Many questions though still remain to be answered con- cerning this relationship, not least as a result of problems associated with some of the accounts of rules and law that have so far been presented. Perhaps the most common hindrance to a satisfactory account

Journal

American Journal of Jurisprudence – Oxford University Press

Published: Jan 1, 1980

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