Foundation of Law

In every legal system, law is the most important and original work of some social groups. Briefly, law is a norm that it is formed socially.H.A.L.Hart, an influential legal philosopher, suggests this view in his book, called "The concept of Law" as the most famous work that law is defined as a social rule called, "rule of recognition". It suggests the fact that social realities play fundamental role in making jurisprudence is a consensus of "Anglo-American" contemporary legal philosophers. That means not only Hart and other influential legal philosophers or advocates of legal positivism such as Joseph Raz and Jules Coleman agree with the view, but also Ronald Dworkin as the most famous for his critique of Hart's legal positivism accept it. Dworkin claims that there is inherent or necessary connection between law and morality within the framework of analytical philosophy. But what is law? Or must laws be rules? Now,there are two main answers for this question. In one hand, legal positivists generally refer to two groups of "authorities" or "jurisprudents" as a "recognitional community" from Hart's point of view: a distinction between the internal and external points of view of law and rules, and a distinction between the sociological and the legal perspectives of law.But popular constitutionalism believes that no law can be said to be efficacious unless followed by the majority of populace. They stress citizen's role as "recognitional community" in legal decision making.Therefore, there is a distinction between two theories: Harts and Dworkin. In order to remove the main problem "group-relative account of law" theory is provided. It means social norms such as eating or wearing are "group-relative". For example, a kind of wearing or eating can be known appropriately in a society while it can be known inappropriately in another society.