RULE OF RECOGNITION

rule of recognition.In the legal theory of H.L.A. Hart, a legal system’s fundamental rule, by

which all other rules are identified and understood. • In The Concept of Law (1961), Hart contends

that a society’s legal system is centered on rules. There are primary rules of obligation, which

prescribe how a person should act in society, and secondary rules, by which the primary rules are

created, identified, changed, and understood. A “rule of recognition” is a secondary rule, and

serves to instruct citizens on when a pronouncement or societal principle constitutes a rule of

obligation. Cf. RULES OF CHANGE; basic norm under NORM. — Sometimes shortened to

recognition.

“This rule [the rule of recognition] may amount to no more than specifying a list of primary

rules carved on a public monument. Or it may actually be a complete set of rules ….” Martin P.

Golding, Philosophy of Law 44 (1975). [Blacks Law 8th]