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Interpretation Of Hart’s Legal Concept In The Context Of Age

Posted on:2014-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhouFull Text:PDF
GTID:2246330398984127Subject:Foreign philosophy
Abstract/Summary:PDF Full Text Request
This paper mainly uses positivist Jurisprudence of the key figures of Hart’s "legal concept" of modeled, through the use of the context of age as the main means, form law and order, legal and ethical, the self-consistent of Legal Rules that formed Legal concepts,that explore the formation and development of the legal concept of entanglement of law for a long time and its interpretation to further understand the legal concept of Hart. While emphasizing the context of age the importance of understanding the legal concepts,and understanding the complexity、times and limitations of the legal concept.In the first part of this paper, combing Jurisprudence on the origins of the main, Which focuses on Austin, Bentham and Wittgenstein, that they lay the context of age for the legal concept as the opening. This paper stressed Austin and Wittgenstein on Hart. While Combing positivist Jurisprudence, for the second part of the paper that the relationship between the main body in the context of age that Austin and Hart on the legal concept of convergence, rejection and Hart in the face of their living context of age showed "Form of Gestalt" that the integrity of the legal concepts Sets the tone.A second portion of the article, i.e. the main body portion of the article. This chapter focused on the legal concept in the relationship between the main、"Gestalt" forms of analysis and combination of the first two terms of the formation of legal concepts in the context of age showed dynamic development that distinct Hart on legal and command, legal and moral and legal rules between traditional research in the context of age and turn on Hart’s legal concept of formation and development and its interpretation showed contrast. Parsing law and order、the legal and moral is laying the groundwork for a third part. To lay a reasonable understanding of the basis of interpretation Hart’s legal of the concept. The third part of the article, first emphasized the importance of context on the understanding of the legal concepts. Emphasis in social life at the same time, the legal concept of showing more dependent on the context of age. Furthermore, the interpretation of the legal concept of Hart allows us to recognize a clear fact of the complexity、times and limitations of the legal concept, to lay a cornerstone for the legal concept of reasonable interpretation. This can make better guidance for modern social life.
Keywords/Search Tags:context of age, H.L.A.Hart, legal concepts
PDF Full Text Request
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