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The Official Story of the Law.
Baude, William; Sachs, Stephen E.
Afiliação
  • Baude W; Professor of Law, University of Chicago Law School.
  • Sachs SE; Antonin Scalia Professor of Law, Harvard Law School.
Oxf J Leg Stud ; 43(1): 178-201, 2023.
Article em En | MEDLINE | ID: mdl-36926550
A legal system's 'official story' is its shared account of the law's structure and sources, which members of its legal community publicly advance and defend. In some societies, however, officials pay lip service to this shared account, while privately adhering to their own unofficial story instead. If the officials enforce some novel legal code while claiming fidelity to older doctrines, then which set of rules-if either-is the law? We defend the legal relevance of the official story, on largely Hartian grounds. Hart saw legal rules as determined by social rules accepted by a particular community. We argue that this acceptance requires no genuine normative commitment; agreement or compliance with the rules might even be feigned. And this community need not be limited to an official class, but includes all who jointly accept the rules. Having rejected these artificial limits, one can take the official story at its word.
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Texto completo: 1 Base de dados: MEDLINE Idioma: En Ano de publicação: 2023 Tipo de documento: Article

Texto completo: 1 Base de dados: MEDLINE Idioma: En Ano de publicação: 2023 Tipo de documento: Article