جستجوی مقالات مرتبط با کلیدواژه « فلسفه زبان متعارف » در نشریات گروه « علوم انسانی »

The fluent and simple structure of the ordinary language philosophy paved the way for many analytical philosophers in England to turn to this field, so that they based their analysis on current propositions in people's daily lives. J. L. Austin as one of the most influential philosophers in the intellectual law in the UK, especially the thoughts of Herbert Hart, has been taken into consideration. In The concept of law, Hart does not explain the philosophical foundations of his discussion, but uses the results of the views of analytical philosophers, especially the philosophers of ordinary language, in explaining and analyzing the concept of law. Therefore, this study tries to explain the view of J. L. Austin as the most influential philosopher of conventional language in Hart's thought, in order to get acquainted with Hart's philosophical thought and to clarify the quality of application of these principles in legal issues.

The question of whether the extension of the approach of contemporary philosophers of language to the language of the law belongs to legal hermeneutics or not, depends on the definition of Legal hermeneutics and its scope. The basic question that can be articulated in this regard is that the relation between the philosophical approach of Herbert Hart, the contemporary philosopher, and Legal hermeneutics. In other words, does Hart’s view of language of law, which is discussed in the book of the concept of law and under the influence of contemporary philosopher John Langshaw Austin, has a hermeneutical background?It seems that, if we consider the scope of Legal hermeneutics in a broad sense, Hart’s interpretive approach to legal principles as well as judicial procedures that accompany with criticizing the authenticity of legal form and defense of the rule skepticism, can be regarded as one of the most prominent examples of Legal hermeneutics. Through this approach, it can be claimed that contemporary philosophy of language, by discussing the language and meaning of the law, has a significant potential for the development of hermeneutical knowledge of law.