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The Ordinary Language Analysis Turn Of Analytic Jurisprudence

Posted on:2007-03-29Degree:DoctorType:Dissertation
Country:ChinaCandidate:G D GaoFull Text:PDF
GTID:1116360185457927Subject:Legal theory
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H. L. A. Hart is one of the most well-known jurisprudent in the modern times, the founder of new analytic jurisprudence and inclusive legal positivism. As the representative of Oxford School of analytic philosophy, Hart is also the one who exerts great influence on ordinary language analytic philosophy. So far as the present situation in China is concerned, Hart, the most influential philosopher in the 20th century, had limited impact on. Much has been done to study Hart's theory, however, few people make great effort to view Hart's ordinary language analytic philosophy and new analytical positivist jurisprudence as a whole. It is incomparable to Hart's position in the history of thoughts. Such an important figure as Hart in the research of philosophy and law, yet he received so little attention in studying his theory as a whole. Especially in the research of law, it is often blurred the relationship between Hart's new analytic jurisprudence which has integrated into the mainstream of general philosophical thought (namely, ordinary language analytic philosophy) and his theory of ordinary language analytic philosophy, because of the absence of the attention to Hart as an ordinary language analytic philosopher. And there is room to discuss the inheritance, the change between new analytic jurisprudence and analytic jurisprudence and the relationship between analytic philosophy and analytic jurisprudence which are all named analytic.There are many philosophers of analytic philosophy tradition, among whom Jeremy Bentham, John Austin, Hans Kelsen and Hart are brilliant thinkers in the history of thoughts, who have tremendous contributions to the...
Keywords/Search Tags:Jurisprudence
PDF Full Text Request
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