H. L. A. Hart and Application of Analytical Philosophy in Legal Interpretation

Document Type : Original Article

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Abstract

Interpretation is the principal tool in legal studies. In order to promotion methods interpretation methods it is necessary to get help from modern linguistic sciences. The studies available on Hart’s method in the “concept of law” advocate efficiency of analytical philosophy to clarify ambiguous legal concepts. Analytical philosophy, the principal field in philosophic practice in the second half of the twentieth century in Anglo Saxon world, pursues exact and astute analysis of concepts. Hart as analytic philosopher uses this method for analysing concept of law to reveal efficiency of this philosophy for legal interpretation and jurisprudence. In this article, an investigation is done to pinpoint a comprehensive definition of law and jurisprudence in terms of Hart's model. In particular the ability of this approach in the interpretation of law and jurisprudence based on Hart's method in the "concept of law", inclusive and exclusive definition, clarifying ambiguous legal words and correction legal language based on Hart's method are elaborated.

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