Document Type : Article
Authors
1 Assistant Professor, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran
2 PhD student in Public Law, Shiraz University, Shiraz, Iran
Abstract
Herbert Hart's approach to the concept of law is affected by Oxford University's philosophy of language, and in particular John Langshaw Austin’s school of thought. The question whether the extension of contemporary philosophers’ approach to the language of law fits in with legal hermeneutics or not, depends on the definition of Legal hermeneutics and its scope. The basic question that can be highlighted in this regard is what is the relationship between the philosophical approach of Herbert Hart and legal hermeneutics? In other words, does Hart’s view on language of law - which is discussed in his book of the Concept of Law - have a hermeneutical background? It seems that Hart’s interpretive approach to legal principles as well as judicial procedures, his criticizing of the authenticity of legal form, and his defending of the rule of skepticism, can be regarded as prominent examples of legal hermeneutics understood in a broad sense. Through this approach, it can be claimed that contemporary philosophy of language, by discussing the language and meaning of the law, has a significant potential for the development of hermeneutical knowledge of law.
Keywords
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