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The Official Story of the Law
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....
Autores principales: | , |
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Formato: | Online Artículo Texto |
Lenguaje: | English |
Publicado: |
Oxford University Press
2022
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Materias: | |
Acceso en línea: | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10013094/ https://www.ncbi.nlm.nih.gov/pubmed/36926550 http://dx.doi.org/10.1093/ojls/gqac028 |
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author | Baude, William Sachs, Stephen E |
author_facet | Baude, William Sachs, Stephen E |
author_sort | Baude, William |
collection | PubMed |
description | 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. |
format | Online Article Text |
id | pubmed-10013094 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2022 |
publisher | Oxford University Press |
record_format | MEDLINE/PubMed |
spelling | pubmed-100130942023-03-15 The Official Story of the Law Baude, William Sachs, Stephen E Oxf J Leg Stud Articles 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. Oxford University Press 2022-10-29 /pmc/articles/PMC10013094/ /pubmed/36926550 http://dx.doi.org/10.1093/ojls/gqac028 Text en © The Author(s) 2022. Published by Oxford University Press. https://creativecommons.org/licenses/by/4.0/This is an Open Access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited. |
spellingShingle | Articles Baude, William Sachs, Stephen E The Official Story of the Law |
title | The Official Story of the Law |
title_full | The Official Story of the Law |
title_fullStr | The Official Story of the Law |
title_full_unstemmed | The Official Story of the Law |
title_short | The Official Story of the Law |
title_sort | official story of the law |
topic | Articles |
url | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10013094/ https://www.ncbi.nlm.nih.gov/pubmed/36926550 http://dx.doi.org/10.1093/ojls/gqac028 |
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