recurring behaviour, the belief that the existence of this behaviour is a reason to follow
it, and a set of expectations generated by the common knowledge of these circumstances.
This characterization is already found in the seminal work of David
Lewis, and has been adopted, with some variations, as the starting point of the current
discussion on legal conventionalism.
The defence of the existence of a connection between legal conventionalism and
legal theory has generally been carried out within a positivistic framework. Legal
positivists attempt to explain the existence and content of legal systems by making
reference to complex social facts. According to them, such facts are dependent on
the acceptance of rules, which involve, among other considerations, the adoption of
certain conventions on how to recognize or identify those rules. In this respect, the
Hartian rule of recognition can be understood as a convention.
Taking the previous ideas into consideration, the present work will analyse some
of the problems in legal conventionalism, including defining the main features of
conventions, the possibility of understanding the rule of recognition as a convention,
its role with respect to the existence of legal systems, its normative nature, and
the role that conventions play in legal interpretation. All these problems intersect
with each other throughout the following chapters.
The first part of this book contains the writings of Bruno Celano and Ver?nica
Rodr?guez-Blanco, who deal more directly with the problems posed by the notion
of convention.