HLA Hart - Law and Morals copy

The Concept of Law by H.L.A. Hart

Justice and Morality

• Ideals in individual life parallel morality in society, ranked supremely important.

• The pursuit of these ideals is seen as a duty; deviations are punished by conscience, guilt, and remorse.

Laws and Morals

Natural Law vs. Legal Positivism

• There are diverse relations between law and morals; understanding these requires distinguishing assertions related to their connection.

• Legal Positivism: Position that laws do not necessarily reflect moral principles. A legal system need not explicitly conform to morality.

• Historical influence of morality on the development of laws is undeniable, but moral conformity is not a requirement for legal validity.

Distinction in Views

• Two forms of rejecting Legal Positivism:

  • Classical Natural Law: Claims certain moral principles can be discovered, which man-made laws must conform to.

  • Alternative Moral Theories: Present different views on how legal validity connects with moral values.

Tensions in Perspectives

• Historical debate from Plato to the present shows proponents of both sides feel deeply misunderstood.

• Natural Law theorists argue moral conduct principles can be rationally discovered, while critics view this as an outdated belief.

The Teleological Conception of Nature

• The teleological view posits that all entities tend toward an optimum state, considered as good based on their purposes.

• Common interpretations in morals reflect a teleological outlook; phrases like 'natural good' for actions suggest that certain outcomes are desirable.

• This teleological viewpoint blurs distinctions between 'what happens' and 'what ought to happen'.

The Content of Natural Law

Minimum Content Basis

• Laws and morals must reflect minimal truths about human needs for social survival, emphasizing cooperation and mutual forbearance.

• Five key truisms suggest consistent elements of human nature that support the principles of Natural Law:

  1. Human Vulnerability: Laws against violence are foundational and stem from humans' susceptibility to harm.

  2. Approximate Equality: Power dynamics necessitate a system of mutual forbearance due to inherent societal equality.

  3. Limited Altruism: Human behavior reflects a mix between self-interest and concern for others, necessitating rules for coexistence.

  4. Limited Resources: Scarcity of resources demands laws regarding property and resource allocation.

  5. Limited Understanding: The need for enforceable rules arises from varying human abilities to comprehend long-term consequences of actions.

Legal Validity and Moral Value

The Interplay of Law and Morals

• A legal system may be morally indefensible yet still maintain a semblance of function and stability within society.

• Historical Contexts: Societies with dubious moral practices often still operate under a legal pretext, reflecting a disconnection between accepted morals and formal laws.

• Critics often argue for a moral obligation tied to legal systems, leading to societal discourse about the legitimacy of unjust laws.

Six Forms of Necessary Connections

1. Power and Authority: Legal systems rely on perceived moral authority but can exist without being morally accepted.

2. Influence of Morality on Law: Legislation often reflects societal moral standards; however, discrepancies often persist.

3. Interpretation of Laws: Judicial decisions involve considerable moral judgment, echoing the struggle between legal and moral interpretations.

4. Criticism of Law: The ethical basis for critiquing laws reveals underlying moral standards that may not align with enacted laws.

5. Principles of Justice: Even oppressive laws can structurally embody principles of justice, complicating moral evaluations.

6. Resistance to Iniquity: Legal doctrines are shaped by moral critiques of unjust laws, framing the responsibility of individuals and governments.

Conclusion

• Hart emphasizes the imperative of dissecting the legal system's relationship with morality to understand its diverse implications thoroughly.

• He advocates for an examination of laws that consider moral validity, urging society to navigate the complexities of justice and legality thoughtfully.