从《惩罚与责任》看哈特的刑罚思想

About the Theory of the Penalty Thought of Hate from Punishment and Responsibility

二战之后,英国进行了重大的刑法改革,刑罚制度发生变化,这种变化曾触动了当时的分析实证主义法学的典型代表哈特,他陆续撰写文章,发表自己对刑罚制度及其理论的看法,最终汇编成《惩罚与责任》一书。可以说,该书是哈特刑罚思想的代表成果,它出版以后,反响很大。该书对刑罚的概念、目的及适用等问题作了重新阐释,的确是一部阐发哈特刑罚思想的名篇佳作。

After the second world war, England carried on important penal code reform, the penalty system takes place variety, this kind of variety once touch at that time of analytical substantial evidence doctrine the method learn of typical model representative admire especially, he continuously oomposes an article and announce oneself to penalty system and it theories of viewpoint, end edit collected materials a book《punishment and responsibility 》one. Can say, that book is especially representative＇s result which admires penalty to thought, it publication after, echo again very greatly. That book to the ooncept, purpose of penalty and applied an etc. ＇s problern to make to re-explain, really is a that the Chan hair admires penalty to thought especially article excellent piece.