Insights from Hart's Critical Process of Austin's Theory of Legal Command Sayings

Abstract

Hart's critique of Austin's theory of legal command is of great significance to jurisprudence and has far-reaching influence, so much so that scholars of later generations have to learn to understand Austin's theory from Hart's description of Austin's theory of command. The purpose of this essay is to revisit the process of Hart's critique of Austin's theory, focusing on Hart's critical logic and methodology, and attempting to explore the following questions: is Hart's description of the Command Saying sound? Is Hart's critical process of the Command Theory rigorous and logical enough? Does Austin's theory still have a chance to resist the attack of Hart's book The Concept of Law? Was Hart influenced by Austin's theory? Finally, what is the significance of Hart's critique, which replaces the naturalistic perspective of analysing law, for the construction of the state of law nowadays?