Nearly all present legal methods are, to a higher or lesser extent, externally imposed, and subsequently all legal techniques are layered (Watson 1974). In many societies layering happens because of the existence of a federal system creating an internal hierarchy of rules, some of which are imposed from above. Layered legal techniques also happen when nations corresponding to Turkey (the Swiss code) or Japan (the German code) shop abroad and undertake the laws of another nation as the fundamental framework for substantial parts of their own legal system. In some situations the imposition is finished wholesale and involuntarily, as when colonial powers impose a legal system. The result could be appreciable social dislocation (Burman and Harrell-Bond 1979).
According to Hart”™s view of the Social Fact Thesis, then, a proposition P is legally legitimate in a society S if and only if it satisfies the factors of validity contained in a rule of recognition that is binding in S. As we have seen, the Conventionality Thesis implies that a rule of recognition is binding in S only if there’s a social conference among officers to treat it as defining requirements of official habits. Thus, on Hart”™s view, “[the] rules of recognition specifying the criteria of legal validity and its rules of change and adjudication must be successfully accepted as widespread public requirements of official behaviour by its officers” (Hart 1994, p. 113). According to the Conventionality Thesis, it’s a conceptual reality about regulation that legal validity can in the end be … Read More