What are the rules of adjudication according to Hart's theory?
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ChatGPT
Sep 22
According to Hart's theory of adjudication, the rules of adjudication include:
1. The rule of recognition: This is the ultimate rule that determines what counts as law in a particular legal system. It is a social rule that is accepted by officials and citizens as authoritative in determining what the law is.
2. The rule of change: This rule specifies the procedures for changing the law, such as through legislation or judicial decisions.
3. The rule of adjudication: This rule governs the process of resolving disputes according to the law. It includes rules for determining jurisdiction, procedures for presenting evidence and arguments, and standards for making decisions.
4. The rule of recognition of adjudication: This rule specifies the criteria for recognizing the authority of a court or tribunal to adjudicate a particular dispute.
5. The rule of precedent: This rule establishes the principle that decisions made in previous cases should be followed in similar cases, providing consistency and predictability in the law.
Overall, Hart's theory emphasizes the importance of legal rules and procedures in adjudication, as well as the role of social acceptance and recognition in determining the authority of the law.
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Google Gemini AI
Sep 22
According to H.L.A. Hart's theory of adjudication, the rules of adjudication are:
1. The rule of evidence. This rule states that the judge must consider all relevant evidence when making a decision. 2. The rule of burden of proof. This rule states that the party who is making a claim must prove their claim. 3. The rule of pleading. This rule states that the parties must plead their cases in a clear and concise manner. 4. The rule of procedure. This rule states that the judge must follow the proper procedures when conducting a trial. 5. The rule of law. This rule states that the judge must decide cases in accordance with the law.