Self-sufficiency, Of Hart's Legal Thought And Jurisprudence

As the new analytical jurisprudence representatives of law,Hart (Herbert Lionel Adolphus Hart)'s thinking is no doubt to occupied the important position inthe history of contemporary legal thinking .In 1961 he published "The Concept of Law," the book is considered representative of the new analytical jurisprudence.In the book,Critique of Austin through the "legal order that "Hart ,Pointed out the "command says" failed to explain the nature of the legal characteristics of the many important.Then he put forward his "rules with that.At present, the research of Hart mainly analyzes the semantic approach, combining rules, the relationship between law and morality, at least, the natural law.Although the people before recognize that Hart constructed his legal systems as Self-sufficiency system of rules .But the reserch about how Hart build the self-contained system of law, how "rule combined" to achieve self-sufficiency of the law is not much.This paper attempts to sort out the critical theory of Hart, the path of Austin, from four angles that: the "diversity", "general applicability", "continuity", "persistent" of the modern law,and pointed out that the defects of Austin's theories.And along with the Hart's ideas,try to elaborate how "rules" replace the "command", "how can the combination of rules explain the characteristics of the law,the laws whoses core is combination rules how to achieve the self-sufficiency.Remove the introduction and conclusion, this article is divided into three parts. The first part is the combing of Hart's criticism about Austin's command Theory.The law of real society have many the key features. It is these features distinguish it from the legal, political, ethical, habits and other social norms.The command said the flaw lies in the fact failed to explain these features,How command theory interpret the law by the power,what kind of defect will bring about if we through the power to interpretation the law is the main content of the first part. The second part is the argument about Hart's interpretation of Rules.In Hart's Before-law society Hypothesis,There was only primary rules of social rules。This social rules system has three shortcomings.The introduction of each of the three rules were to overcome the three deficiencies.The Rule of recognition become the logical starting point and final destination of Hart'Rule system.The third part is the significance of Hart's Rules combining theory.Through a combination of rules, legal norms achieve self-sufficiency, the effectiveness of self-sufficiency, the value of self-sufficiency.This self-sufficiency achieve to hart's purpose that the law independent of the political.And become an independent system of social norms.To adjust the complex and diverse society for this purpose.