The Explore Of The Validity Of The Legal Rules

The validity of the law is a core concept of the legal theory, different genres’argument on the sources of legal’ validity resort to different theories. The domestic andinternational Scholar explore Generally the validity of the law from a static point ofview. One of the core issue of Hart’s “The Concept of Law” is the validity of the law.Hart explained the legal validity based on the practice of different legal subjects fromthe perspective of legal concept and the ontology,the law therefore is given the kernelthat deserves our respect.This article resort to Hart’s theory about "rule of law", analyzethe sources of the rule’ validity.Hart’s legal theory about the validity of law rules’ argument is formed on the basisof the critique, reflection, and surpass on Austin "legal order" and Kelsen’s "basicnorms",so this article comb and Outline the theory of "Legal order" and "basic norms"about the validity of law. By deconstructing、reconstru-cting and and criticizing, Hartthink that the law is rules and raise a very important concept—the rules’"internal point".By criticizing and surpassing Kelsen’s "basic norms", Hart presented the most importantconcepts in his rules system—The rule of recognition, and then put the last link of thechain of the rules of law’ validity rooting in the fact of social practice. By the rule ofrecognition, Hart has always maintained the position of "the separation between law andmorality", make the source of the validity of the law resorting to social facts, not God、justice and morality.Hart thinks that,the reason why a rule has the validity of the law, because thepeople hold an internal point of view to this rule, as well as this rule is recognized andadmited by the rule of recognition, identification and recognition. In the process ofrecognizing valid rules of law by the rule of recognition which is hold in an internalpoint of view. In this way, the rule of recognition pull the sources of legal rules’ validityfrom heaven back to earth,and weaken the law’s external mandatory, ultimately toachieve the communication betweem norms and the fact.Hart’s rule of recognition is subjected to critical rebuttal from the internal membersof school of law and school of natural law. Hart has been thinking and improved theconcept of the rule of recognition in the process of debating opponents. Finally, Hart made the rule of recognition rules’ turn in order to defend the position of positivism,sothat to defend the position of positivism. After the death of Hart, his successor-Colemanfirmly maintains the concept of the rule of recognition. He done a great deal to enrichand develop the rule of recognition and he proposed the frame type rule of recognitionwhich is different from Hart’s.Hart’s legal theory about the validity of the rule has important practicalsignificance in China. It reminds us that we should advocate the rule of the rules andfight for the independence of the judicial right to speak in the construction process ofthe rule of law.