论由主权者产生的法律

文章从对哈特法概念的分析推导出＂实证法＂与社会可能具有的紧张关系,并按波斯纳的观点,把实证法的构成者：制定法、先例,以及自然法观念,都仅仅看成是法官分析案件的信息,提出了法律就是在一定的社会秩序中由立法机关（包括制宪机关）和司法机关产生的规范产品,并突出由主权者（人民）形成的社会背景结构。

On the Law Which Were Legislated by Sovereign

In this article,the tensions between Positive law and Society are derived from the analysis of Concept of Law written by Hart.But it is according to Posner＇s point of view that all compositions of Positive law,such as Statutes,Precedent and ideas of Natural Law,just are seen as materials which judges apply in trial.Finally,the writer propose that laws are norms produced by Legislature（including the Constitutional authority） and Judiciary in some social order,which is made by the sovereign——the people and should be emphasized.