Abstract

The purpose of this paper is to provide an analytical framework – derived from the Herbert L.A. Hart’s philosophy of law – for the study of the phenomenon of habit and custom from the perspective of normativity. Its starting point is the Hart’s concept of “internal aspect of rules” as a necessary criterion for the rule’s normative character. The internal aspect exists in two forms: the “recognition” based on specific rules, and “acceptance”. The concept of acceptance reveals a difference between habit and custom, by capturing the normative character of the latter. The formation of the customs – by way of unprecedented punishment of a rule’s violation – reveals the ambiguity of the term “sanction” as referring to not only the external aspect, but also to internal aspect of rules