Study on the Reflection of Hart’s Critical and Reflective Attitude in the “Concept of Law”

DOI

10.2991/aebmr.k.191225.188How to use a DOI?

Keywords

Hart, critical reflective attitude, concept of law, philosophy of law

Abstract

In the process of criticizing each other between Hart and Austin school, there are also some contradictions. For example, although hartism explains the fundamental problem of the source of legal effect, it doesn’t explain the reason why people obey the rules; when Hart explains the critical reflection state, he adds the cognitive factor and the will factor, which is consistent with his own opinion that “the existence of law is The view that a social fact does not involve morality is contradictory. Hart’s critical and reflective attitude is fully reflected in the book “the concept of law”, but its contradictions are also exposed, but it is undeniable that Hart and his “the concept of law” have far-reaching significance for the development of philosophy of law.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Yuanchao Duan
PY  - 2020
DA  - 2020/01/07
TI  - Study on the Reflection of Hart’s Critical and Reflective Attitude in the “Concept of Law”
BT  - Proceedings of the 5th International Conference on Economics, Management, Law and Education (EMLE 2019)
PB  - Atlantis Press
SP  - 981
EP  - 984
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.191225.188
DO  - 10.2991/aebmr.k.191225.188
ID  - Duan2020
ER  -