Hart on Legality, Justice, and Morality

John Gardner

in Law as a Leap of Faith

Published in print September 2012 | ISBN: 9780199695553
Published online January 2013 | e-ISBN: 9780191741296 | DOI:
Hart on Legality, Justice, and Morality

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This chapter attempts to provide textual support for the view that Hart did find necessary connections - many of them - between law and morality. The bulk of the chapter is devoted to exploring just one indirect necessary connection between law and morality that Hart may have noticed in The Concept of Law, viz. the connection from law to legality, from legality to justice, and from justice to morality. The chapter finds Hart surprisingly ambivalent about the last link in this chain, but do not find in this ambivalence any comfort for those who associate Hart with the view that there are no necessary connections between law and morality.

Keywords: legality; morality; justice; necessary connection; Hart

Chapter.  7104 words. 

Subjects: Jurisprudence and Philosophy of Law

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