Recognized Rules And Internal Point Of View

Herbert ? Hart is a new analysis of the twentieth century positivist jurists distinguished representatives, although for some specific issues, and subsequent empirical jurists to give a better complement, but the legal system of modes and framework, nobody can go beyond.Hart inherited and developed in Austin, Wittgenstein, and his colleagues everyday language analysis methods, and the ingenious application of the legal field, lifting the field of philosophy of law doctrine on the nature of things, study the way the definition of long-standing curse laid down a general description of its establishment of the basic ideas of jurisprudence. In the treatment of traditional legal positivism, law school when Hart made a abandon his own way, including the rule of law theory, the combination of two rules, recognition rules, internal point of view and a series of ideas to replace the traditional legal positivism doctrine of "legal order theory" and "accustomed to obeying" in legal thought. Rule of recognition not only provides for testing the legality of other rules of sub-potential, but also to maintain the authority of the existing legal system. After the debate with Dworkin, Hart accepted the part of Dworkin's claim, standing at a new position of legal positivism proposed the idea of soft positivism,。Therefore, Hart in a gesture of soft response to Dworkin of the natural law school, led by the challenge, while well defending the law school of legal positivism and moral separation of the landmark proposition.Hart will recognize the creative combination of rules and internal point of view, a good answer to the recognition of the validity of the rules themselves. Hart resort to the practice of judges in recognition of the attitude of acceptance of the rules, making the internal point of view as fact and important link between norms. In other words, recognition of the legitimacy of the rules themselves through the internal point of view the rational core elaborates.