引言自边沁、奥斯丁以来,英美法哲学的传统逐渐得以形成,法理学也自奥斯丁起开始作为一门独立的学科得以存在,奥斯丁为我们提供了一个法理学的基本框架,而后无论是法律实证主义法学派还是非法律实证主义法学派都是以奥斯丁的法理论为理论的基本出发点开展讨论,英美法哲学也正是沿着奥斯丁的法理论不断向前发展,在这一发展过程中也产生了许多至关重要的问题之争,对于这些问题的讨论将有助于我们深化对法哲学的理解,这其中最为重要的问题之争也当 Since Bentham and Austin, the tradition of Anglo-American legal philosophy has been gradually formed, jurisprudence has existed since Austin as an independent discipline, and Austin provides us with a basic framework of jurisprudence , Then both the legal positivist school of law and the non-legal legal school of positivism are based on Austin's theory of law as the basic starting point for discussion. Anglo-American legal philosophy is just as Austin's theory of law continues to move forward Development, in the course of this development has also led to many crucial issues of the dispute, the discussion of these issues will help us deepen the understanding of jurisprudence, the most important issue of which the dispute should also be