Research On The Relationship Between Law And Morality Of Hart

The relationship between law and morality is an unavoidable issue for both the study of legal theory itself and judicial practice.This paper aims to systematically study Hart’s theory of legal and moral relations,with a view to benefiting the development of law in China and the construction of the rule of law.This paper begins with a review of the theory at home and abroad,and states the purpose,content,and methods of the study.Secondly,It digs deeper into the theoretical origins of the theory.In the latter part of the Second World War,the positivist school of law was questioned,and Hart began a new understanding of the relationship between law and morality on the basis of utilitarianism,legal order theory,pure law,and positivist philosophy.Thirdly,It expounds the meaning of law and morality in Hart’s works,and puts forward the "separation theory" and"contact theory".Separation refers to the basic position of insisting on the separation of law and morality,and the unreasonable accidental connection between law and morality,that is,the separation of law and morality.Contact theory means that there must be certain specific content between law and morality,that is,"minimum natural law".Repeatedly,It comprehensively introduces the controversy between Hart and other three scholars of the same period,and makes a rational analysis and reflection on the causes of the three controversies and the focus of the conflict.These three scholars begin a fierce debate with Hart on three aspects:the law enforcement of morality,the evil law,or the composition of law.Finally,It focuses on the reflection and enlightenment of the theory,and puts forward some feasible opinions for the development of the rule of law in our country,mainly including the fact that the law is divided into the premise of legal independence;judicial independence is the primary condition of judicial justice.Procedural justice is an indispensable part of judicial justice;the implementation of law is the authoritative guarantee of law;the rule of law is the only way to maintain legal order and social order.