功利主义与分析法学之间的内在关联——从奥斯丁到哈特-the internal relation between utilitarianism and analytical jurisprudence - from austin to hart.docxVIP

AbstractAs a complete theoretical system，modern utilitarianism thinking of the west has had a significant impact on the tradition. We can find it in a series of politic, economic and law changes,. There is no doubt that many of credos Utilitarian have had a great impact on Western theory. As legal positivism be concerned, The impact of utilitarian started from Bentham and Austin, who created the analytical jurisprudence, and ended with the neo-analytical legal theory created by H.L.A. Hart. I intend to sort out the theory of Austin and Hart who on behalf of the analytical jurisprudence to prove that Utilitarian has positive impact to analytical jurisprudence.Four sections are included.The first part mainly describes what Utilitarian is in and its impact. Firstly, the origins of Utilitarianism as the breakthrough point, Benthams thinking as the cut-off point, to explore Utilitarian thinking the historical background and ideological origins. Secondly, I analysisit and introduce the development of Utilitarian theology mainly, that is, how Utilitarianism theory before Bentham is generated,and what are Benthams utilitarian’s main contents, as well as how it developed after Bentham .Thirdly, on the foundation of what I have described ,I discuss the relations between utilitarian and jurisprudence in order to prove that utilitarian had an active role in the development of analytical jurisprudence.On the second part , that when Austin builded his system,how he fully absorbed utilitarianism representative of Bentham is my emphasis. In a word,in the province of jurisprudence determined, Utilitarianism is the important basis for his theory. Utilitarianism set the tone of Austin’s theory, and all the propositions become to be the metaphysics of Austin’s theory legislative and Practice of Law .why he absorbs utilitarianism all-around? It is because Austin found that there were nature correspondences between Utilitarianism and analytical jurisprudence: analytical jurisprudence wan