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- Title
Hart, Radbruch and the Necessary Connection Between Law and Morals.
- Authors
Moore, J. G.
- Abstract
Legal positivism maintains a distinction between law as it is and law as it ought to be. In other words, for positivists, a law can be legally valid even if it is immoral. H. L. A. Hart hoped to defend legal positivism against natural law. This paper analyses Hart's criticism of Gustav Radbruch, a natural lawyer, before suggesting that Hart's account of legal positivism gives rise to a logical problem. It is concluded that this problem leaves logical space for a theory of natural law based on moral authority rather than legal validity.
- Subjects
LEGAL positivism; NATURAL law; CRIME statistics; POLITICAL community; LAW enforcement
- Publication
Law & Philosophy, 2020, Vol 39, Issue 6, p691
- ISSN
0167-5249
- Publication type
Article
- DOI
10.1007/s10982-020-09382-7