Study On Hart's Legal Ethic Minds

The relationship between law and morality,as an important and complex issues, has always been a concern of jurisprudence.Hart,the representative of new analytical positivism,proposed the separation of its proposition based on the fruit of predecessors. Hart's statement on the separation of the proposition is different from the separation of law and morality to people's common sense.The present paper takes Hart's separability thesis as a starting point,and gradually expand to the full text for a detail exposition.First of all,we give a description on the formation of ethical thinking.Then we give a elaboration on Hart's separability thesis and main content of the legal conception,that is,on some aspects,the contact of law and morality is accidental but not natural;law is the combination of primary rules and secondary rules.Hart's avocation of the separation of law and morality causes the misunderstanding of Hart's separability thesis made by people.Therefore,in Chapter 4 we give a defense on Hart's separation from the two aspects.Finally,the analysis and defense for Hart's separability thesis above has made us realize that the Hart's separability thesis not only has profound theoretical value,but also makes an inspirational help to the problems on our social reality.Conclusion summarizes the main idea of the full text, confirms the theoretical value and practical value of Hart's separation.