The Theoretical Significance And Reflection Of Hart's Internal Point Of View

The internal point of view is an important method of Hart's research law theory and plays an important role in its theory.The analysis of the internal point of view helps us to fully understand the connotation of the internal point of view and correct some misunderstandings of the internal point of view.This article takes Hart's internal point of view as the research object,focuses on the application of the internal point of view in the context of Hart's theory,introduces the role of the internal view in the development of positivism,and analyzes the theoretical origin of the internal point of view and the connotation of the internal point of view.The internal point of view plays an important role in explaining the legal validity and the existence of the legal system,and analyzes the scholars' questioning and critique of the internal point of view,so as to form a comprehensive understanding of the internal point of view.The internal point of view is not Hart's unique theory.It is Hart's reference to the results of other disciplines.It is mainly influenced by Peter Winch,John Austin and Max Weber.It draws on the ideas of sociology and language philosophy.Hart did not give his own answer to the law,but analyzed it by means of transformation.He believed that the starting point of legal research was the non-optional brought by law,and pointed out that the rule has two principles: punishment prediction and behavior guidance.The internal point of view is the important ideological basis of Hart's criticism of Austin's command theory.Through distinguishing the difference between rules and habits that Hart leads to the internal view,pointing out that the rules have a critical and reflective attitude,and the people within the rules will regard the rules as behavior standards and judging criteria,command theory ignores the inherent attitudes of people,and only uses external observations to use law as a predictive measure.With the internal point of view,Hart reanalyzed the concept of "obligation" and proposed his own rule theory,which believed that the law was composed of primary rules and secondary rules.Hart divides the research perspective on rules into two main points: internal and external.People who adopt external views do not apply the rules themselves.They observe the regular observations of the rules from the perspective of external observation.The person in the rule accepts the rules and uses the rules as guidelines for action and evaluation criteria.Hart's distinction between internal and external views suggests that the substance of the internal point of view is the acceptance of the rules by group members,but Hart's interpretation of the internal point of view is not sufficient.McCormick made a creative interpretation based on the full study of Hart,which divided the view of rules into extreme external views,non-extreme external views,also called interpretative views,and internal views.From the perspective of Hart,the theory pursued by Hart is an interpretative point,that is,the view adopted by the theorists.The person adopting this view does not necessarily accept the rules,but can fully describe the attitude of the inner members from the outside.It also understands the internal view as the two factors of cognition and will,pointing out that cognitive factors are the determinants of whether or not it is an internal view.The significance of the internal point of view to Hart's theory is mainly reflected in two aspects.One is the important role played in interpreting the validity of the law.Hart proposes to distinguish between "effectiveness" and "effectiveness",using internal point of view analysis,saying The validity of a project rule also means that it passes the verification of the recognition rules,and this effectiveness is based on the external fact that the legal system is effective.The other is to play an important role in explaining the existence of the legal system.In modern legal society,it is only necessary for officials to have internal grandmothers,and the public does not need to have an internal view.In addition to its substantive significance in Hart's theory,the internal view also has important methodological significance,which means that the hermeneutic turn of legal research begins to consider human factors and consider people's internal attitudes,which means that legal studies are from a bad perspective.A change in the perspective of a good person.The moral neutrality of the internal view has been questioned and has been improved by other scholars.