Bla Pokol: Die Entstehung der
Trennungsthese bei H.L.A. Hart oder vielmehr nach ihm
Abstract:The separability thesis of H.L.A.Hart is discussed and
the development of thinking of Hart is analyzed. The study tries to show that
in the book ăConcept of LawÓ there was a connection between law and morality
through the parliamentary election of the people which takes the positive
morality of society always into the legislation. The followers of Hart
criticized this notion because they grasped the morality not as the positive
morality of society but the critical morality of philosophers which canŐt
appear through election in the parliaments. In this way the separabilty thesis
appeared gradually as the alleged thesis of Hart. The paper tries to refute
this notion.
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