Hart, Philosophy Of Law Philosophy Of Language Perspective Study

In the development process of Jurisprudence , between natural law and positive law there are huge qualitative differences about the doctrine of law, but they share with a epistemology of the subject—object. There is a big error in the traditional epistemology, so Hart jumps out of the traditional epistemology, and arranges the text of law which depends on the new analytic models of Wittgenstein's philosophy of language again, and builds up the theory of descriptive jurisprudence.As the analytic model of the linguistics in philosophy, Hart reject the model that traditional philosophers had tried to find out "what is law?" for a long ago. He thinks that basic legal concepts might not be definited but can be descripted.This is a central argument of himself. By Wittgenstein's philosophy of language and J ? L ? Austin's semantic analysis, Hart puts forward the famous theory of legal rule, and initiates a new era of rule. Hart finds out the theory of internal view that Hart great contributes to legal research of Western, which brings legal research of Western into a new era .As to a traditional proposition of the relation of law and morality, Hart still stands in the positive position and insists on the separate proposition between law and morality. He sends a challenge to the natural law by a moderate approach. Hart clearly finds out the neutrality of legal morality, which doesn't repel morality evaluation to law.As a new epistemology of linguistics in philosophy, Hart establishes a new legal theory and make up "linguistic turn of jurisprudence" in twentieth century. Modern methods of jurisprudence in West are focused on the further development of Hart's. There are great inspirations form Hart's research to Chinese jurisprudence. Chinese jurisprudence research not only breaks through the original mode of theory in the ontology but also breaks down the inherent mode of epistemology, to achieve the identity of the double upgrade.