A core issue in legal theory is the normativity of explanatory bet365 coupon code,That is, how people’s choices of actions are restricted and guided by the bet365 coupon code。The master of analytical legal philosophy in the 20th century、Hart (H, a core member of the Oxford School of Ordinary Language. L. A. Hart) specifically explained this issue in his book "The Concept of bet365 coupon code"。He proposed the "Acceptance Argument",Explain the normativity of bet365 coupon code through people’s inherent acceptance of the recognition rules in the legal system。Decades,Theorists debate this point of view from different angles,Forms the main line of analytical legal philosophy。However,Underlying in these debates is a misunderstanding of the nature of Hart's method。To clarify this,This article proposes an ideological connection that has not yet been discussed in the academic community,That is, Hart’s reference to Rudolf Carnap,By comparison、Presenting the consistency of the two arguments in many aspects,Reunderstand the nature of Hart's method theory。
bet365 coupon code normative descriptions of arguments and laws
Hart defines bet365 coupon code as social rules。As a social rule,The bet365 coupon code asks people about how to think、Normative requirements for judgment and behavior,Legal practice is therefore a practice of social rules,Its existence depends on people accepting the bet365 coupon code as the basis for their actions,Form a fixed behavior pattern。For example,A passed the study of traffic regulations,Understanding "stop at red light"、Green light line” request,And use this as a driving guide。Hart calls this way of thinking the internal perspective of bet365 coupon code,That is, people’s acceptance of the bet365 coupon code and their voluntary compliance。There is still an external perspective in social life that does not accept the bet365 coupon code,This type of people mostly treat the bet365 coupon code with an attitude of seeking advantages and avoiding disadvantages,Choose not to break the bet365 coupon code only when faced with the threat of punishment。However,Basing the bet365 coupon code on people’s acceptance and the social practice model it forms will lead to a question: whether people who do not accept the bet365 coupon code can escape the obligations of the bet365 coupon code?This involves another important element in the acceptance argument。
According to Hart’s point of view,The object of acceptance is not any specific legal rules that guide specific behaviors,It is a "recognition rule" generally followed by society。The rule of recognition is the ultimate criterion for judging what is bet365 coupon code and what is not bet365 coupon code,Helping people change bet365 coupon code from morality、Distinguish between different norm types such as sports rules or industry standards。Recognition rules appear in various forms in the customary ways of legal identification。Most common in constitutional bet365 coupon code countries,For example, Article 58 of my country’s Constitution limits the subject of legislation,Let people know that only the rules formulated by the National People’s Congress and its Standing Committee are laws。Common in judicial custom in common bet365 coupon code countries,For example, British judges generally regard rules passed by Parliament and court precedents as bet365 coupon code。Recognition rules are Hart’s abstraction of a universal social behavior pattern,Practical conventions used to explain how people identify the bet365 coupon code in life。As long as there is enough、Eligible members of society accept the rules of recognition,Enables the emergence of a social practice model that acts in accordance with the bet365 coupon code,Based on this, we can advocate "stop at red light"、The existence of the legal obligation of "Green Light"。
Acceptance itself is a kind of psychology,The object of acceptance is the recognition rule,The product of the psychological activity of accepting the rules of recognition is the internal perspective of bet365 coupon code,The connection between these three elements is the internal logic of Hart’s acceptance argument。However,As the academic community deepens its discussion on acceptance arguments,People are gradually realizing that the rule of recognition as a convention is a social fact,Acceptance is a psychological fact,Both facts belong to the category of reality。Critics point out that,The internal perspective can only answer the practical question of what rules people actually follow in society,What legal theory needs to answer is the question of how we should behave,This involves the normative issue of the recognition rules themselves。Hart’s main theoretical opponents, Dworkin and Finis, have both criticized this issue,Criticizes Hart for basing normativity on social psychological facts,Violates Hume’s principle of dichotomy between what is and what ought to be。However,This criticism contains a misunderstanding of the nature of Hart's method。To clarify this issue,It is necessary to relate Hart to an important philosophical argumentation method of his contemporaries at the level of theoretical methodology,This is Carnap’s linguistic framework argument。
Explanation bet365 coupon code existence of language framework and abstract objects
There is a debate in philosophy about whether mathematical objects have ontological reality。We know,The difference between numbers and numbers is that the latter is the symbolization bet365 coupon code former。The smallest positive integer can be written as the Arabic numeral "1" on paper,Can also be printed as "one" in English on books,Can also be read aloud as the Chinese word "一"。As a concrete object,Numbers always extend in a certain time and physical space。In comparison,Number itself is an abstract object without the extension of space and time,Its existence does not depend on any symbol。The existence form of abstract objects has always been an important theoretical issue。Some commentators believe,Admitting the ontological reality of abstract objects will bring about epistemological difficulties。If number is an abstract object,It is difficult for us to explain how it is causally related to people existing in time and space,It is difficult to explain how we obtain knowledge about these objects。But in reality we do have a lot of knowledge about numbers,Then based on abductive reasoning,We’d better restore abstract objects to the existence form of non-abstract objects,Avoiding epistemological difficulties。Some commentators pointed out,Natural science theory cannot work without the existence of numbers。For example,In physics,Measuring the movement speed of an object is inseparable from the help of numbers。The best theoretical explanation of logarithms is to affirm their ontological reality。To deal with this problem,Carnap proposed a unique account of abstract objects in the early 1950s,Think bet365 coupon code terms we use when discussing some abstract object as a set of descriptions、A linguistic framework for explaining phenomena in the external world related to these abstract objects。
Taking the arithmetic system as an example,By establishing the smallest natural number、Piano arithmetic rules such as succession principle and induction principle are the basic rules,We have obtained a language framework for arithmetic,And can determine which entities exist within the framework based on this set of frameworks。Carnap called this kind of problem an internal problem。As for the legitimacy of Peano’s bet365 coupon code,In fact, it is equivalent to asking why this language framework should be accepted。Carnap called these problems external problems。External problems are not arithmetic problems,But a philosophical question about arithmetic itself。The laws of arithmetic can be self-justifying within the arithmetic system,But it cannot transcend the system for external justification,External questions therefore cannot be answered cognitively within the framework。Carnap’s response strategy to external problems was to appeal to the practicality of linguistic frameworks。He believes that the legitimacy of a language framework depends on whether it can provide a set of ideas to explain related phenomena,To help people understand the world。In this way,Even if it does not explain whether the abstract object is ontologically real,As long as the language framework can be self-consistent,We also have sufficient practical reasons to discuss abstract objects。
Recognition bet365 coupon code as a linguistic framework for understanding legal practice
Based on the above,The function of recognition rules is to provide the ultimate judgment standard for whether a social rule can be regarded as bet365 coupon code。Converted into Carnap’s words,It is based on the basic rules (recognition rules) of the language framework (bet365 coupon code) to determine which entities (social rules) are internal members of the framework (belong to legal rules)。With framework,When people face the problem of what rules to act by,You can get a definite answer based on the internal perspective of the framework。Hart defined the normativity of bet365 coupon code in this sense,Can be called internal or partial normativity。External questioning of the justification for accepting the rule of recognition,Not a legal issue,It’s about legal issues,Unable to do cognitive solutions inside the framework。This idea is particularly clear in Hart's discussion of the rule of recognition as a square meter。According to Hart,The existence of the original ruler of the meter stipulates how long one meter is,More defined what “one meter” is。When this definition is accepted,The metric system of measurement in meters was formed,One can determine which objects are one meter long from an internal perspective of the system。But the meter scale itself does not answer the external question of why the metric system should be accepted instead of the imperial system,Just as the recognition rule does not answer why the recognition rule should be accepted。Actually,Regardless of measurement、bet365 coupon code or arithmetic,None of the basic rules of the framework can justify itself。
As for the external questioning of why people accept a set of language frameworks,Carnap pointed out,People’s acceptance of arithmetic is generally completed unconsciously in their early years of growth,Rather than rational thinking choices。Hart on why he accepted the recognition rule,Also denies the need for epistemic acceptance on moral grounds,And specifically mentioned the non-cognitive acceptance of "herd mentality without introspection"。Both theorists describe possible processes of acceptance only at an empirical level,without proving and accepting。Hart pointed this out,His legal theory is interpretive,Aims to explain how people recognize and act on the bet365 coupon code,As for accepting one’s own justification,That is the task of moral and political philosophy。Critics have misunderstood this point,I think Hart’s account of normativity is incomplete。Actually,As Carnap distinguished between internal and external problems,No theory can explain everything exhaustively,Only by framing the boundaries of theory can we carry out research work in a more targeted manner。
Carnap proposed the linguistic framework argument in 1950,11 years earlier than "The Concept of bet365 coupon code"。As a philosophical master of that era,The logical positivism he represents has a profound influence on Hart's Oxford School of Ordinary Language。In addition,No matter the term choice、Argument logic or theoretical purpose,The high degree of consistency between the two shows Hart's important reference to Carnap。Therefore,Return to Carnap’s linguistic framework to re-examine the acceptance argument,Helps us grasp the nature of Hart's method theory more accurately。
(Author’s unit: bet365 coupon code School of Renmin University of China)
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