H. L. A. Hart on Legal Obligation

Ratio Juris 4 (2):152-176 (1991)
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Abstract

.The author discusses Hart's concept of legal obligation, especially his contention that there is an obligation to obey the law which is peculiarly legal, i.e., non‐moral. This view is held to be mistaken. What is denied is that legal rules, merely by their being issued, offer a justification for the use of coercion to ensure compliance with them. Although moral and other social rules are considered self‐justifying, that is not the case of legal rules. Any analogy between these two types of rules in justifying their implementation by force is deemed wrong.**

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References found in this work

The concept of law.Hla Hart - 1961 - New York: Oxford University Press.
The Concept of Law.Stuart M. Brown - 1963 - Philosophical Review 72 (2):250.
H.L.A. Hart.Neil MacCormick - 1981 - Stanford, Calif.: Stanford University Press.
Legal and moral obligation.H. L. A. Hart - 1958 - In Abraham Irving Melden (ed.), Essays in moral philosophy. Seattle: University of Washington Press.

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