著者

田中 茂樹

出版者

関西学院大学

雑誌

法と政治 (ISSN:02880709)

巻号頁・発行日

vol.33, no.3, pp.493-520, 1982-11-15

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1. Preface 2. Being legally obliged and Legal Obligation 3. The Recognition of Legal Obligation 4. Obligation and Sanction or Coercion 5. The Binding Character of Obligatory Rule and Ought In this essay I shall examine a new theory on legal obligation, which is presented by Professor H. L. A. Hart and the Ordinary Language School. Japanese legal philosophy has received and criticized H. Kelsen's notion of Ought (Sollen). So Hart's attempt to reconstruct Kelsen's notion of Ought and Basic Norm (Grundnorm) is fresh and interesting. But Hart's notion of legal obligation is not so clear to elucidate the relation between coercive force and legal obligation in a legal system.