The Self-sufficiency Of Law In Hart's Thought

Law is a relatively independent and self-contained regulatory system,different from other social norms(religion,custom,politics),and as a legal system that is the key system for maintaining social survival and ensuring the orderly development and evolution of society,there is no doubt that it can refer and refer to itself,it is self-sufficient.In order to better understand the self-sufficiency of the law,this article uses Hart,a representative study of this problem,as an example to explain the construction process of his theory,and combined with the analysis of legal self-sufficiency in Chapter one,discusses the self-sufficiency of law in Hart's thought.To elaborate on Hart's thoughts,Austin had to be mentioned,Hart's idea was developed on the basis of Austin,but Austin's persuasiveness about the self-sufficiency of the legal system is not strong.Hart also criticized Austin's thought,explain that "command theory" is not sufficient to reflect the true self-sufficiency of the law,proposed the rules of recognition as the basis of the legal system,let rules replace commands,explain the law comprehensively through the combination of rules,let the law be self-explanatory,make the legal system independent of politics,become an independent and self-contained social norm system,and no longer be bound by other systems.From the perspective of the legal system itself,the rules of recognition are the basis of the legal system that combines the first and second rules in Hart's theory,being the core rule of the legal system is the key to distinguishing between legal and non-legal.This article follows Hart's critique of Austin and the unique characteristics of the rules of recognition,draw a legal system centered on the rules of recognition,how does it reflect the self-sufficiency of law.Hart put forward the minimum content of natural law during the debate with Devlin,that there is a relationship between law and morality,but there is no necessary relationship,Based on this,revised the traditional natural jurisprudence's cognition of the relationship between law and morality,and advanced the new analytical positivism.Although Hart does not want to reflect the effectiveness of the law itself outside of the legal system,but the minimum content of natural law that he proposed,its effectiveness was achieved from outside the law,and further strengthened the persuasiveness of legal self-sufficiency.Hart was opposed to moral factors entering the legal system,he saw the legal system as a self-referential,self-sufficient rule system,so when Hart found that the recognition rule could not be used as an operable criterion to identify other rules,introduced the minimum content of natural law to remedy the rules of recognition,make the recognition rules have operable and substantial normative content.Hart's natural law of recognition rules and minimum content,from inside and outside the legal system,the relationship between the legal system itself and law and morality,these two aspects constitute a self-sufficient legal system.Research on Hart's rules of recognition and minimal natural law,conducive to a better understanding of the validity,standardization and independence of legal rules,and the self-sufficiency of the laws that they embody.In a society ruled by law,to fully play the role of law,it is inevitable to realize the self-sufficiency of the legal system otherwise,morality and politics will enter,thus giving the law too much content,harmful to self-sufficiency.Hart,as the representative of the school of empirical law,in the study of the construction of its theory and its legal thought,it helps us understand the self-sufficiency of the law more thoroughly.