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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....

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Detalles Bibliográficos
Autores principales: Baude, William, Sachs, Stephen E
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Oxford University Press 2022
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.
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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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