The Rule of Recognition, as proposed by H.L.A. Hart, is the counterpart of Kelsen's Basic Norm, The rule serves as a concrete guide on how to determine which rule is legally valid within a legal system. However, the main difference between Kelsen's Basic Norm and Hart's Rule of Recognition is that Hart bases his on social practice. It is a rule accepted by officials and the community as criteria for validating laws through social consensus rather than abstract assumptions.

However, Hart argues that, according to his theory, rules must be divided into primary rules, those imposing duties, and secondary rules, which enable the creation of, modification in, and enforcement of primary rules. Such a structure allows for an even more flexible legal system that is adaptable to changing societal needs.

Intrinsically and Extrinsically Based Theories: The approach of Hart is that it has an "internal" view in which individuals look at laws in light of duties they voluntarily bind themselves to respect. Kelsen's approach, on the other hand, is somewhat abstract. It sees law as a pyramid of norms that exist irrespective of any individual attitude or social norms.

In that the Rule of Recognition under Hart can be dynamic thereby making laws change with respect to cultural variations and judicial judgment.