Answers
1. What is a rule? There is an overlap with rules and law, legal decision making is a form of
rule-based decision making. Thus, we can learn a lot about legal reasoning by
examining the nature of rules.
2. What are the 2 1. Descriptive: rules about how things are: the planet orbits the Sun
types of rules? 2. Prescriptive: how things ought to be: do not murder
3. When we say They apply across a class of cases, they make broad claims abour general things
the 2 types of - generalisations have a degree of inaccuracy, thwy are general claims
rules are gen- - they imperfectly reflect reality
eralisations, what
does that mean?
4. What is the struc- - factual predicate: if abc / if something orbits the sun
ture of rules, dis- - consequent: the d/then it is a planet
tinguish between
the 2 types.
5. There are a variety 1.power conferring rules: rules about rules (allows people to enter into con-
of consequences tracts/wills)
- name the rules 2. Permission conferring: if you have an Llb, tou may practice law - merely granta
and expand (3) permission, not compulsory
3. Prhobition or sanction conferring: do not murder
Factual P: X murders Y
Consequent: a sanction must be imposed on X
6. Give Harts view on
factual predicated
& consequent in
the case of mur-
der
, 7.
2/4