Philosophy of Law - concetti generali

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All identifying rules of adjudication and existence standards rely on state rules. The primary criterion for identifying rules is that they meet the basic legal standards. Secondary rules do not apply to the primary rules. Hart's theory of law suggests that if a rule is valid, it must be obeyed. In a legal system, the membership of valid rules is generally recognized by the courts. The private sector also has its own criteria for recognition of rules. Rule 117-123 specifies the elements for recognition of rules in the private sector. The ultimate validity of a rule arises from its application by secondary officials. The general rule is that any rule that creates a detached system of recognition might be valid. However, in the pathological sector, there may no longer be proper criteria for recognition if the system is detached from the general system.

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