Rule Of Recognition&Internal Point Of View

The Concept of Law, published in1961by British juirsprudence Juirst H. L. A. Hart,opened a new era of juirsprudence in the English-speaking world for its wisdom content andbeautiful language. He made the legal positivism research transfer from the scientificsocialism analysis to hermeneutics analysis，and established the foundation for the currentdiversified development of legal theory.Hart’s new analytical positivist juirsprudence inherited from John Austin’s positivismidea, and defended the utility of rfee thought. Meanwhile, Hart introduced common linguisticphilosophy into juirsprudent field. With the accurate use of words, he constructed his ownlandscape of Law by descriptive sociological method. This paper, in the ifrst place，with thebase of the Rule of Recognition and Internal Point of View, summairzes Hart’s LegalPhilosophy，and then analyses Hart’s legal thoughts theory care; at last tells us its positivemeaning for free legal society.The first part states the significance of Hart’s legal thoughts in theoretical category and inpractice, then reviews the achievements&shortages of some existing research on Hart, sothat to draw out the basic viewpoints and analysis scope of this article.The second part, it focuses on the theoretical basis of Hart’s legal thoughts, including thebelieving in utility of free thought, and the following of John Austin’s analytical positivism.Any theory are created without foundation, but by relying on existing theory, atfer criticallycollection, then comes out the final results. This part is to show why Hart’s legal theory hasalways been considered as a tool of analysis of positivism atfer thousands of updating.The third part analyzes Hart’s methodology. To illustrate the general framework of lawthinking, and establish a descriptive general idea of juirsprudence, inevitably there shouldhave a speciifc requirement of methodology. This paper mainly states two methods,Descirptive Methods and Conceptual Analysis Method. However, there’s an important aspectsin conceptual analysis method——common linguistic philosophy analysis method whichshould not be neglected because it is a vital part of achievements for Hart’s legal thought.Atfer the summary of Hart’s theoretical basis and methodology, the fourth part descirbesthe foundation of Hart’s legal system which are named by Rule of Recognition. In order tointroduce what is Rule of Recognition, Rule of law theory was firstly brought out, which including the pirmary rule--the Voluntary Rule, as well as the secondary rule--theAuthorization Rule.In fitfh part, it mainly analyses the Intenral Point of\^ew of Hart’s legal theory which isthe logical starting point of Hart’s legal theory, and also the foundation of Hart’s rule theory.Firstly, the passage presents the background of Internal Point of View, then shows us itsoirginal nature in three aspects, the definition of Interna] Point of View, the differencebetween Internal Point of view and the moral point of view, and the development of InternalPoint of View by McCormick.As the end of this text, the sixth part mainly makes analysis and comments on Hart’sLegal Theory. In this part, it affirms the importance of Hart’s Legal Theory by narrating it intwo opposite sides. On one hand, there exist some cirticism of Hafrs Legal Theory by RonaldDworkin to testify the theory results of Hart’s Legal Theory, especially the cirticism of”thedistinguish of Law by the rule of recognition". Except these criticisms, the incomplete rangeof Internal Point of View also tells us that there are some flaw in Hart’s Legal Theory. On theother hand, Hart’s Legal Theory has some inner connection with the Rule of Law in a certainextent, meanwhile, it has significant meaning for the developing of free legal idea of the law.Hart’s Legal Theory is rooted in the spirit of the democratic and law-based society, and willmake good sense in future.