Hart’s Study Of Legal And Moral Relations

Law and morality are the two basic means to promote orderly operation and coordinated development of the society.The two are complementary in their role in ensuring the long-term stability of the country.So how to understand the relationship between law and morality,and how to balance and coordinate the relationship between law and morality has always been a basic issue of law and ethics,and also a problem that cannot be ignored in the process of national operation.To explore the connection between law and morality,the legal and moral thinking of Herbert Hart,the founder of the new analytical positivist legal school,cannot be discussed in depth.This article focuses on Hart’s relationship between law and morality,analyzes and sorts out the logic system of his thoughts,and based on this,demonstrates Hart’s legal morality and clarifies the relationship between law and morality.This article is divided into three parts,first part is a simple presentation to Hart’s characters and a brief analysis of positivist jurisprudence.As a positivist legal scholar,Hart is influenced by Bentham’s utilitarianism and Austen’s legal order.Through combing the relevant content,Hart has a comprehensive understanding and grasp of Hart’s thought.The second part mainly expounds Hart’s theory of the relationship between law and morality,including Hart’s research on the distinction between law and morality;through the elaboration of linguistic philosophy and positivist jurisprudence and the controversy between Hart and Fuller and Dworkin,Hart analyzes the idea of the separation of law and morality;explains Hart’s moral factors in law with the minimum of natural law as the core;based on the controversy between Hart and Devlin,explains whether Hart can about morality The problem is forced.On the basis of analyzing Hart’s theory of legal and moral relations,the last part of the thesis expounds the value of Hart’s legal and moral thoughts.Hart not only saved the positivist jurisprudence,but also re-established the status of positivist jurisprudence and revived it.Glory has become a compellingschool in the history of Western Methodology,and hopes to draw useful ingredients from it can guide the current legal practice.