INFLUENCE OF LINGUISTIC PHILOSOPHY ON ANALYTICAL JURISPRUDENCE THROUGH THE PERSPECTIVE OF H. L. A. HART

Abstract

This article discusses the influence of emerging linguistic philosophy theories in the 20th century on the development of analytical jurisprudence through an examination of the way those theories influenced the legal philosopher H. L. A. Hart. Although Hart is significantly influenced by linguistic philosophy, his legal theory could not have been developed solely with it. This is evidenced by Hart’s disownment of the essay Ascription of Responsibility and Rights, his attempt to employ ideas from ordinary language philosophy in the context of law. Hart’s theoretical development shows that he was above all not a linguistic, but a legal philosopher; and that analytical jurisprudence, albeit influenced by linguistic philosophy, depends on aspects beyond it.

Keywords

• philosophy of law. analytical jurisprudence. jurisprudence. h. l. a. hart. linguistic philosophy.