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Social Basis of Law

Hart’s model of law ultimate legal rules are by necessity customary social practices.
Even in the most organisation-like society, the law – including the state law and
Hayek’s ‘legislation’ – ultimately rests on a social practice of identifying
certain things as law.

Foundation of law is social practice.


Validity of law is determined by society and its convention and also ability of the law
to satisfy social expectations.
Content of law is socially determined.
Effect of law is socially based. Countervailing effects of society.
Areas of law or debates regarding the necessity of law.

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