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Law "rules" And "inner" World,

Posted on:2008-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y H HeFull Text:PDF
GTID:2206360215973169Subject:Jurisprudence
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This dissertation is an interpretation to a text of The Concept of Law by H.L.A. Hart, which is mainly discussing Hart's views of"intemal aspect of hales" referring to Hart's other writings. The author comments on briefly the status quo of international and domestic studies about Hart firstly, and then makes the object of this paper find the correlation of linguistic philosophy and legal philosophy, viz. elucidate the brief of Hart that "a sharpened awareness of words to sharpen our perception of the phenomena".The author analyses the 'linguistic turn of philosophy' and ideas of Wittgenstein's "rule-following" and J.L. Austin's "spccch acts", and examines Hart's critique on traditional definition in jurisprudence,in which "internal aspect of rules" has presented an elementary form, and then examines the mature form appeared in The Concept of Law. In the third section of the main body,the author elucidates in detail Hart's critique on the simple model of law as coercive orders, which focuses on the concept of "sovereign" .Through replacing the ideas of "habit" and "obedience" with that of"intemal aspect of rules", Hart creates an idea that every body obeys the law voluntary.However, Hart's legal philosophy considers the law as internal rules, which reveals a limitation of his thought while showing its eternal contribution.
Keywords/Search Tags:H.L.A.Hart, legal rule, internal aspects, The Concept of Law
PDF Full Text Request
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