On primary and secondary rules (1968)

This paper examines the widespread yet unstable use of the distinction between primary and secondary rules in both general legal theory and specialized legal disciplines. It argues that the variability in interpretation arises from the dual nature of the term secondary, which may carry either a neutral or an evaluative meaning—not only in ordinary language but also in various technical contexts. The analysis identifies two principal ways in which this distinction operates: first, as a temporal relation, where secondary simply denotes what follows; and second, as an axiological relation, which itself takes two forms. In one, secondary refers to what is less important, auxiliary, or marginal in relation to what is principal; in the other, it signifies a hierarchical subordination, corresponding to the relation superior–subordinate. Drawing on both linguistic and conceptual parallels, the paper elucidates how these differing senses of secondary shape the understanding and application of the primary–secondary distinction within legal theory.

Publication Details

Journal
Jurisprudence
Published
2025-04-03
DOI
https://doi.org/10.1080/20403313.2025.2479932
Primary Topic
Diverse Scientific and Economic Studies
Type
article
Field-Weighted Citation Impact
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article

On primary and secondary rules (1968)

Jurisprudence
Diverse Scientific and Economic Studies
article

On primary and secondary rules (1968)

article en

Abstract

This paper examines the widespread yet unstable use of the distinction between primary and secondary rules in both general legal theory and specialized legal disciplines. It argues that the variability in interpretation arises from the dual nature of the term secondary, which may carry either a neutral or an evaluative meaning—not only in ordinary language but also in various technical contexts. The analysis identifies two principal ways in which this distinction operates: first, as a temporal relation, where secondary simply denotes what follows; and second, as an axiological relation, which itself takes two forms. In one, secondary refers to what is less important, auxiliary, or marginal in relation to what is principal; in the other, it signifies a hierarchical subordination, corresponding to the relation superior–subordinate. Drawing on both linguistic and conceptual parallels, the paper elucidates how these differing senses of secondary shape the understanding and application of the primary–secondary distinction within legal theory.

JurisprudenceVol. 16(2)
Peace, Justice and strong institutions
Openalex Percentile: Top 35%
Diverse Scientific and Economic Studies
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On primary and secondary rules (1968) · Jurisprudence (2025) | TGRS Research Map | TGRS