The Effects of Ordinary Language Philosophy in H. L. A. Hart's Conception of Law

被引:0
|
作者
Birlik, Pinar Turkmen [1 ]
机构
[1] Izmir Demokrasi Univ, Fen Edebiyat Fak, Felsefe Bolumu, TR-35140 Izmir, Turkey
来源
BEYTULHIKME-AN INTERNATIONAL JOURNAL OF PHILOSOPHY | 2021年 / 11卷 / 02期
关键词
H; L; A; Hart; ordinary language philosophy; law; truth; speech acts;
D O I
10.18491/beytulhikme.1694
中图分类号
B [哲学、宗教];
学科分类号
01 ; 0101 ;
摘要
H. L. Hart is one of the important legal philosophers of the twentieth century. To enlighten the conceptual bond in which the law emerged, the main issue to which Hart paid attention was that the language is "open-textured" and words (and thus the rules and concepts expressing the law) can have more than one open meaning, thus there have always been "semi-shadow" situations. Because Hart does not consider the legal concepts and the laws themselves which are the basis of legal applications to be exempt from this "semi-shadow" situation, he tries to overcome this speculative situation with the ordinary language philosophy. Therefore, our study aims to reveal how Hart's understanding of the law is shaped and its relationship with these issues within the context of "language and truth" and "language and speech acts" which can be the main opening points of the ordinary language philosophy.
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页码:781 / 797
页数:17
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