Неопозитивизмът на Хърбърт Харт като опит за ревизия на модерните правни теории
Herbert Hart’s Neo-positivism as an Attempt to Revise Modern Legal Theories

Summary/Abstract: This article is devoted to the teachings of the British philosopher, positivist and legal theorist Herbert Hart. Central to the publication is the analysis of Hart’s neo-positivist concept as an attempt to revise the initial premises of legal knowledge. In this context, the question of the British positivist’s distinction between law and morality is examined, as manifested in his reflections on the nature of moral, natural and positive rights. Emphasis is also placed on that basic position in Hart’s theory, according to which empirical argumentation presupposes the existence of legal phenomena only within a system of rules. By virtue of this notion, the state is seen as a collection of officials charged with authority based on legal rules. That is why, in the doctrine of legal Neo-positivism, the basis of the state structure is not the power of a sovereign, as in the teaching of John Austin, but legal rules as a condition for the legitimacy of state coercion.

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