Outline And Critically Evaluate Hart 's Account Of The Relationship Between Law And Morality

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Outline and critically evaluate Hart’s account of the relationship between law and morality. Introduction: Natural law theorists believe that all law must be morally justified if it can be legitimised as law at all. Legal positivism means the simple contention that it is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality, though in fact they have otherwise done so. (Hart, DATE) In Hart’s eyes, though there may be a congruence between law and morality, it is by no means a necessary connection. (Hart, DATE) Hart promotes the need for a clear distinction between law and morality on two levels. Firstly the Social and hermeneutic level in regards to both law and morality sharing vocabulary in both structure and function- showing that in many societies legal rules will match their moral rules. Second a logic and hypothetical level – Hart believes in the possibility of a legal system existing without the influence of morality as there are cases were legal systems do not match the moral grounds of society.( see Austins command theory and the idea of one sovereign ruling all) (SOURCE) Hart’s idea is this: All one/society needs is a legal system based on the four rules. This paper will demonstrate how Hart’s account of the relationship between law and morality shows an understanding of how they both work together yet can also work as separate entities. It will take a specific look into the internal point of view to aid the understanding of why

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