Select this option to get remote access when you are away from your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution`s website and Oxford Academic. In addition to the administration of law, Hart also recognizes the important relationship between law and morality in minimal natural law. The minimal law of nature is nothing more than Hart`s own view of human nature, which differs from classical natural law. According to him, survival is the most fundamental of human nature, because through survival, people can achieve other life goals. To survive, in addition to the availability of consumer materials, man also needs rules that can sustain his life with them. This is where morality and law meet; These two rules, although different, both require the same thing, namely maintaining life with people. The book that has succeeded in bringing Hart`s name to the forefront of the ranks of the last legal theorists is The Concept of Law. Through this book, Hart raises three important questions in the philosophy of law, namely, how does law differ and how does it relate to orders supported by threats? How does the legal obligation differ and how does it relate to the moral obligation? What are regulations and to what extent are laws a regulatory issue? [ii] Hart asserts that he answered these three important questions and thus solved the riddle of legal philosophy. In this article, the author will attempt to describe Hart`s views on law and morality, as well as the relationship between them.
Second, there are many laws that are not like orders, because they do not force people to do anything, but rather give them power. Rules make it easier for people to create legal rights and obligations. For example, a rule about an agreement or contract. The latter type of rule does not impose a specific threat on people. Instead, the rule guarantees citizens to conclude free legal agreements with each other. In other words, obedience to the law does not come automatically from a moral point of view. Citizens` acceptance of the law may stem from habits or a desire to act like others, although Hart also admits that a legal system will be more stable if people in that system accept rules based on moral incentives. Therefore, even in this sense, there is no absolute relationship between law and morality. In other words, this article attempts to answer the following questions: (a) What is Hart`s opinion on law and morality? (b) What exactly is Hart`s opinion of their relationship? and (c) is the legal conception of law as Hart`s rules sufficient to explain the nature of the law? To answer these three questions, this document will follow the following classification: (1) Introduction; (2) Hart`s view of the law; (3) Hart`s view of the relationship between law and morality; and (4) the author`s conclusions and critical examination of Hart`s arguments concerning the relationship between law and morality. From the above description, it can be concluded that the law, understood as an order with penalties, cannot give us a proper understanding of the law. As explained above, the model reduced the application, scope and origin of the law. For this reason, Hart looks for other characteristics that can lead to a better understanding of the law.
If orders with threats are not the character of the law, what is the character of the law? In other words, what makes a law law? According to Hart, the view that emphasizes the compatibility between legal obligations and morality is an inadequate view. Hart agrees that a legal system cannot exist solely on the power of one person over another. Therefore, Hart rejects Austin`s theory, which understands the essence of the law as a commandment accompanied by threats. To make a legal system work properly, it is based not only on power, but also on the voluntary acceptance of people into the system. According to Hart, however, the dichotomy between law, which is based solely on power, and law, which is accepted as morally binding, is not a complete (exhaustive) dichotomy. Second, the influence of morality on the law.
