分析实证主义法学的法律制度观

The Views of Analytical Jurisprudence on the Legal System

奥斯丁认为法律制度由主权者的命令构成;凯尔森将法律制度看作是等级森严的规范体系;哈特则主张法律制度是主要规则和次要规则的有机结合;拉兹从整体上对法律制度的框架进行了深入和系统的研究;制度法学强调从哲学和社会学两种意义融合的角度来对待法律制度。

Austin thought the legal system was composed by orders of sovereign; Kelsen considered the legal system as one system which was composed by strictly grading norms; Hart advocated the legal system was the approprita jion of primary rules and secondary rules; Raz made a deep and comprehensive research to the framework of the legal system; the scholars of institution theroy of law stressed treating the legal system from the combining perspective of philosophy and sociology.