Analytical Philosophical and Legal Tradition: Legal Language Features and H. Hart`s Concept

Nikita N. Ravochkin
Year: 2018
DOI:
UDK: 340.12:347.97
Pages: 102-109
Language: russian
Section: LAW
Keywords: analytical philosophy, philosophy of law, H. Hart, legal language, society, morality, ideas, rules of law, social regulators, language, legal terms.
Abstract
In this work analytical tradition prominent representative Herbert Hart`s philosophical and legal views are explored. An appeal is being made to the ideological determination of Hart's views. Original works and modern researches on analytical philosophy law problems are investigated. Legal language study urgency is determined. «Anomaly» as an integral property law`s characteristic is given. The study of principles and methods of investigating legal reality points to the need for a contextual study of legal systems research. Comprehension of the basic principles and concepts allows us to establish the patterns of functioning of the legal system of a particular society. With regard to the late works of the thinker, the author notes that Hart's negative morality is present as the value of the law itself. Also, the moral and ethical standards that function in society are the starting points for the formation of proper legal norms. In conclusion of the paper, generalized conclusions are presented.
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