Reflection Of The Positive Law And Norms Of Interpretation

Positivism puts forward some methods and propositions and attitudes in law demonstration to safeguard what it is called orthodox position. But these methods and propositions and attitudes does not always easily coordinate, so this make their ideas and demonstration do not clear as what they think, however they have some equivocal even false places which need to make some suitable and necessary self-examinations and criticism. Even so positivism's far-reaching influence and charm does not found on false. On the whole, we can make normal understanding for it to reveal self-evident normal purpose or to secure the most active constructive understanding effect even make creative understanding to strengthen and intensify its demonstration and push forward positivism's theory. On this prerequisite, the article will agree on and support positivism's attitudes.At first, we need make some more surface analysis to positivism. This is not only because it is more concrete and direct for self-examination, but also because surface analysis is one of understanding for positivism in fact. Although it is scarce in depth, it is not necessarily more unimportant than other more deeply understanding from the point of influence. Moreover it is convenient to reveal its defect and shortage and point out confusion and misguiding of its demonstration to foreshadow latter normal understanding.Hart is the most successful school of law of positivism whose expound has a pivotal role and form a connecting link between the preceding and the following. His demonstration earnestly sticks to the authentic and imaginative standpoint of positivist jurisprudence. Hart had not explicitly realized the relationship between legal knowledge and legal reasonability what the law's 'is' law direct to is of great significance to positivist jurisprudence. Owing to Hart's foundational role in positivist jurisprudence , it is essential and feasible to inspect and criticize with his ideas and demonstrations as center and take into account other relative ideas.The primary identification of positivism is that the existence of law is a standard fact. Moreover, standard get in touch with reason. That Hart made general jurisprudence lock on descriptive course is the source of his many errors and confusion. Hart held that law, that is the connection of the primary rules and secondary rules, should be center of jurisprudence.