哈特视野中道德与法律关联分析 2（Analysis of the relation between morality and law in Harts view 2）.docVIP

哈特视野中道德与法律关联分析 2（Analysis of the relation between morality and law in Harts view 2） Two, the Hart rule model: the separation of morality and law Indeed, we think about the relationship between morality and law, depends largely on our [5] understanding of the word law. By Hart shows that he has what is law point of view, and demonstrate its source of legitimacy of law to solve the problem of point: that law is a unity of primary rules and secondary rules, the concept of morality and law without necessarily linked, the law does not need to the moral legitimacy as the source of its legal effect the evil law is law, legitimacy of law lies in the rule of recognition of this social fact. 1. moral and legal concepts are not necessarily linked, law is the unity of the rules Hart through the critique of Austens legal order, which leads to the concept of legal rules, elements. In Harts view, a command is not to fear, but to respect for authority [6]21, Austens missing is the latter instead of the former, to obey the law to maintain persistent habit. He armed robbery situation as an example, that someone was forced to do something is not equal to have a duty to do sth sb, the former is generally a statement about psychology behavior motivation, the latter affects the internal aspect of rules, namely rules and accept voluntary cooperation in order to maintain the rule. And from the view of their own rules and behavior of others [6]92, and the legal order outside only focus on the internal aspect of rules, ignoring the rules, but also ignored the complexity and diversity of the legal system. In response to these concerns, Hart argues, not equivalent to the law backed by the threat of orders, rules are essential elements, legal interpretation and introduction of the concept of rule. Hart said, the core with the primary rules and secondary rules in the legal system. The first rule is mainly [6]100 rules, it set the obligation, asking people to do or not to do some act, regardless