Herbert L. A. Hart – pozytywizm umiarkowany

Abstract

The article is concerned with the methodological stand represented by H.L.A. Hart, a moderate positivist scholar searching for the links between positivist and normativist approaches. He indicates that the focus on obligations/civic duties does not entail exclusion of extra-legal factors. An extreme example in this respect is Kelsen’s theory of the “basic norm” as well as Austin and Jellinek’s references to customs and the law of God. The article brings the basic premises behind Heart’s theory as well as those of Austin, Jellinek and Kelsen’s normativism in order to expose incongruities in the research of the latter. The concluding part of the article reveals how Heart’s theory of “moderate positivism” emerged from his references to the methodological weaknesses of positivism and normativism.