On Hart's Legal Internal Point Of View

The theory of the internal point of view plays an important role in the whole law theory of Hart. However, there are often wrong interpretations of the internal point of view. Researching the theory of the internal point of view can help us deepen our understanding of this theory and clarify some wrong understandings. This thesis centers gaining a clear idea of the theory of the internal point of view, uses the main research methods of "the re-examination of the traditional text" and "the theory of context", mainly reconstructs the proposed process of the internal point of view,investigates theoretical origin of the internal point of view,analyzes the connotation and the theoretical position of internal point of view, summarizes the impact of the theory, draws a overall understanding of the internal point of view.Understanding the internal point of view can not be divorced form the specific context in Hart’s works. There is a process of the advancing of the internal point of view. This theory is used to describe and analyze inner aspect of the rules when it is put forward at first. The internal point of view can be used for both primary rules and secondary rules. The understanding of the force of law and the legal system can not be departed form the internal point of view. The internal point of view is not only closely related to the inheritance and criticism of positivist jurisprudence but also the absorption and learn of new philosophy of language and sociological theory by Hart. The internal point of view is rich in substance and has methodological significance of perspective. The substance of the internal point of view is that participants receive the law as their behavior guide and critical standards,"participant "(or "inter-group members")and "acceptance "is one of the two key words. From regarding law in the view of external observers to the view of participants, Hart makes a great congress towards Austin. The internal point of view for the construction of the Hart’s descriptive legal theory is indispensable, the dispute about related methodology continues. Hart’s internal point of view has had a major impact. It not only has caused widespread attention and brought many, many interpretation, and contributed to the thinking of the collision and the theoretical innovation. At the same time, we also see that many scholars go further, the sense of Hart’s internal point of view has become blurred. Hart’s internal point of view highlights the independence of law, the status of participants in legal practice, the positive significance of the law to the people. From this point, Hart’s internal point of view can take important practical significance--the rule of law is of positive significance for its participants, to make the rule of law become a way of life.