The Influence of Ordinary Language Philosophy on Herbert Hart's Thoughts in Designing the Modern Legal System

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Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:

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.

Language:
Persian
Published:
Public Law Studies Quarterly, Volume:54 Issue: 1, 2024
Pages:
499 to 520
https://magiran.com/p2715707  
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