A Study Of Certainty In Law

Jurist of Legal Realism support the theory of suspicion of rule, and they denied the certainty of law. Since then, the study of the certainty of law has become an important area of philosophy of law. Most of Jurists express their own point on the certainty of law. And there is much debate on the certainty of law. Certainty theory of law can be divided into descriptive and explanatory aspects of the two aspects of argumentation approach. There is so many jurists discussing the certainty of law. Among them, there is debate between Ronald Dworkin and H.L.A. Hart.Ronald Dworkin and H.L.A. Hart are two masters in jurisprudence of English-speaking world in the twentieth century. The theories of two masters have difference in too many aspects, especially in the following three aspects. Firstly, are principles of law exist? Then, can a judge have discretion? Finally, what is the source of law? But the two masters have the same aim, which is certainty theory of law exists. In this essay, the author tries to analyze the theories of two masters. And try to analyze why their theory are different. By combing the theories of certainty in their theories, the author find that "Internal participant perspective", " Fundamental of certification of law is social fact " are the same in their theories. Finally, the author concludes that the certainty of law does exist and the two masters have the view in common that the law has certainty. And the reason of their difference is that source of the law is different.In this essay, the author tries to analyze the theories of two masters. Considering the succession of theory between H.L.A.Hart and John Austin, Hans Kelsen, I also analyze the theory that some jurists of Legal Positivism concluded. The essay includes four chapters. In the first chapter, I present the development of the theory of certainty of law, and the concept of it, and main views of law’s certainty. In the second chapter, I compare the theory of Ronald Dworkin and the theory of H.L.A.Hart in two aspects, which is the questions such as’are principles of law exist?’ and’can a judge have discretion?’. And I analyze the reason why ther are different. In the third chapter, I analyze the certainty of law in Ronald Dworkin’s theory and in H.L.A.Hart’s theory. I use four thesis of the certainty of law to analyze the certainty of law in Ronald Dworkin’s theory and in H.L.A.Hart’s theory. Finally, I point out why the theory of the certainty of law between the two is different is that the source of the law in their theory are different.