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Hart 's legal thought and jurisprudence self - sufficiency

Author: HeXiao
Tutor: ZhuXuePing
School: Southwest University of Political Science
Course: LL.M. Law
Keywords: Hart Rules say Command said System of self-sufficiency
CLC: D90
Type: Master's thesis
Year: 2011
Downloads: 82
Quote: 0
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Abstract

Its important position as the representative of the new analytical jurisprudence, Hart (HLAHart), thinking no doubt occupy in the history of contemporary legal thought. The book he published in 1961, \Book, Hart through the critique of Austin \Domestic Hart to analyze the semantics of methods, rules combined with the relationship between law and morality, natural law-based minimum. While the first people to recognize Hart legal system built as a self-sufficient system of rules, but Hart how to build the law as a self-contained system, why rule combined to achieve the law of self-sufficiency is not. This article attempts to comb Hart the critical path of the doctrine of Austin, the modern legal \defects. Down Hart's idea of ??the \Removed by the introduction and conclusion, this article is divided into three parts. The first part is combing Hart critical of Austen command said, the law has many of the key features of social reality, legal It is these characteristics that distinguish it from other social norms of the political, moral, and habits. The command said defect lies in the fact that the failure to explain these features, the command said the power to interpret the law, through the power of interpretation of the law will bring what kind of defects is the main content of the first part of. The second part of the demonstration and interpretation of Hart rules say. Hart assumed before the law society, the social rules only primary rules, social rules system has three major flaws. Overcome three shortcomings by three secondary sexual rules were introduced one by one, the rule of recognition as the logical starting point and ultimate destination of the Hart system of rules. The third part is the analysis said Hart rules combined significance. Through a combination of rules, laws achieve standardized self-sufficiency, the effectiveness of self-sufficiency, the value of self-sufficiency. Self-sufficiency Hart law independent political purposes, and to become an independent system of social norms, to adjust complex social purpose.

Hart 's legal thought and jurisprudence self - sufficiency

Abstract

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