Hart on Legality, Justice and Morality

Jurisprudence 1 (2):253-265 (2010)
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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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John Gardner
James Madison University

Citations of this work

Reply: The Nature and Virtue of Law.N. E. Simmonds - 2010 - Jurisprudence 1 (2):277-293.
Reconstructing Fuller’s Argument Against Legal Positivism.Dan Priel - 2013 - Canadian Journal of Law and Jurisprudence 26 (2):399-413.

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References found in this work

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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