Compliance With Legal Grounds?

Being a famous jurist in England after the Second World War and the pioneer of the new analytical-positivist jurisprudence, Hart is famous in western jurisprudence as his superb legal theory. This thesis is about"why the law should be complied by", centered with Hart, demonstrating the theory of the analytical-positivist jurisprudence, pointing out its weakness, and makes conclusion at last. The thesis consists of five chapters:Chapter one, the origin of the theme of the thesis—"why the law should be complied by", analyzes on the researches on this issue of thinkers of the ancient Greece and the ancient Rome and the classical natural law school of thought.Chapter two, after Hume denying the view of the natural law science, analyzes how analytical-positivist jurisprudence replied. Austin denied discussing justice, and proposed legal order theory. However, the problem of law-abiding reasons is left to Kelsen. Kelsen attempts to propose the theoretical basis of norms to response people's query. But, he failed finally.Chapter three, researches on Hart how to answer the theme above through his own legal rule theory. Hart proposed the legal rule theory and the"internal point of view"of the social rules through the criticizing of the Austin's legal order theory, implemented beyond Austin; then, Hart took Hans Kelsen's theoretical basis of norms for reference, proposed the rule of recognition, trying to get rid of the fiction of the sauce of legal effect; afterwards, during the debating of the Hart and the natural law school of thought, on one side, Hart insisted on his basic stance of analytical-positivist jurisprudence, denying acknowledging of the inevitable links between moral and law, on the other side, he proposed "the minimum contents of natural law"as the counterattack strategy to the natural law.Chapter four, researches on the dilemma which exist in Hart theory, points out the domains he wouldn't to deeply study, and analyzes on the reasons why he failed to answer the above theme and wouldn't to acknowledge the views of the natural law, hence, he tried to find out a"middle path"which is different from either the old analytical-positivist jurisprudence or the natural law. But the writer finds out that, Hart actually changed the natural law theory a little when he proposed the conceptions and theories such as obligations, internal point of view, and the rule of recognition. In other words, we can read the coincide between the Hart theory and the natural law theory if we put the Hart theory under the context of the traditional natural law .Chapter five, the brief views of writer. The failure of the Hart's new analytical-positivist jurisprudence makes us look forward the natural law to answering the question again. Of course, our verification is different from the classical natural law school of thought, but the conclusion is the same. In my view, the reason why the law should be complied by is that law reflects the justice and the common views of the majorities of the society. At home, there is very great influence in the theory of " will of ruling class ". So, it is very essential to reaffirm the reason for obeying law -The law embodies justice.