On The Criticism Of Hart To Austen’s Command Theory Of Law

Hart command said criticism of the law, and is the result of interaction between theory and reality, has the causality. Austin to comte’s positive spirit to be constructed on the basis of the law said command to a certain extent, it is the traditional metaphysics has a more scientific. Has the important status in the history of philosophy. But it is a rigid pattern of "objective truth" but ignored as human has subjective arbitrariness, the purpose of the "facts". The result is a division of theory and reality. From this perspective, hart criticise legal command is stiff, narrow, one-sided, and it has certain rationality. But its methodological basis for the construction of a modern legal theory is absolutely reasonable. Compared with the those more complicated theory against it, it is the better road to truth. Therefore, hart thought has the characteristics of modernity of law theory on the construction should continue the work of Austin. In Austin, delimits the scope of the jurisprudence on the basis of shall append some legal content. Enable it to fit and method of modern characteristics. In this way, can also understand the authority of law and the causal relationship between diversity, sustainability and continuity. This assumption to hart won the honor. His criticism provides the direction for development of the rule of law around the world. The construction of our country to the rule of law society has long remained loyal. But suffer from thin and of contempt for logic of traditional thought of rule of law, and cause the fundamental difference between the western rule of law and rule of law in our country. It is trying to by a plane type research into vertical studies the fundamental motivation. Vertical research breaks the traditional way of learning. Is to study hart’s criticism, should not only know his "target" and its analysis perspective, to find out the causes of "target" and his critical conditions. In this case, you will understand why hart in everyday language analysis method to replace the Austin natural science research methods. Hart is how to make use of to solve the legal command said Austin left behind by law philosophy problem. From this perspective, hart’s criticism of any countries offering to build the rule of law society is of great significance. Especially for the rule of law in China with foreign characteristic, is more realistic.