Jurisprudence 1 (2):253-265 (2010)

John Gardner
PhD: Oxford University
HLA Hart has sometimes been associated with the false proposition that there is 'no necessary connection between law and morality'. Nigel Simmonds is the latest critic to make the association. He offers an 'ironic' interpretation of a famous passage in Hart's The Concept of Law in which the proposition is apparently rejected as false by Hart. In this paper I explain why, even if Simmonds's ironic interpretation is tenable, it does not associate Hart with the proposition in the way that Simmonds believes that it does. More affirmatively, I show that among several necessary connections between law and morality that Hart defends, there is an important indirect one that runs from law to legality, from legality to justice, and from justice to morality
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DOI 10.5235/204033210793524276
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References found in this work BETA

Hart's Postscript and the Character of Political Philosophy.Ronald Dworkin - 2004 - Oxford Journal of Legal Studies 24 (1):1-37.

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Citations of this work BETA

Reply: The Nature and Virtue of Law.N. E. Simmonds - 2010 - Jurisprudence 1 (2):277-293.

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