Towards the Adaption to the Open Texture of Law

The open texture of law is one of the core content of the new analytical-positivist jurisprudence, which is defined by H. L. Hart. In this paper, we try to put forward a new view for the theory that the judiciary should exercise at certain limited discretion to fill the legal loopholes in the long term. Analyzing from the angle of the uncertainty of the rule of law, namely, the open texture, we describe how to achieve the goal of reasonable judicial discretion through the correct legal interpretation method, namely, the legal interpretation system. We will end up arguing that, faced with the open texture of law, what we need to do is not to fill the loopholes, but to adapt to and optimize it, and make it maintain the internal structure at the same time.