The Research For Hart’s Thought Of The Relationship Between Law And Morals

Western scholars believe that law and moral have inevitable connection,the law itself and the origin of legal validity is based on the existence of morality. Legal positivism appear to answer to this question is given a different answer, namely the separation thesis.From Bentham, Austin to Kelsen, legal positivism insists separate legal and moral, legal and objective, make unremitting efforts to develop an independent.After World War II, on the "Nazi" trial and Radbruch switch to natural law, legal positivism is undoubtedly a heavy blow.In the face of empirical theory on the verge of the plight of the land, Hart to positivist stance, advocating legal "rules" theory, and relevant laws and moral point of view the relationship between the traditional positivist law be amended, cleverly proposed“minimum content of natural law”theory. Hart also responded to the contemporary scholar of positivist censure, creating a new analytical positivism jurisprudence.This paperanalyzes the relationship between Hart thought and moral law, focuses on the separation of the propositional content and important academic debate among three scholars and Hart at the same time.in order to acquire positive significance to our country’s legal system construction enlightenment from Hart’s thought of the relationship between law and morality,and to contribute to building the rule of law to promote the development of social progress and China’s legal career.