Morality and Legality

Abstract

Hart distinguishes four general questions about the relation between morals and law (LLM, 1–4). First, what are the historical relations between the two? How have morals influenced law and vice versa? Second, does any analytical or necessary relation obtain between law and morals; that is, does the definition or concept of law involve a reference to morality or part of it? Third, is the law morally justifiable? This question concerns the moral criticism or evaluation of all or part of the law. Fourth, should law be used to enforce and support the positive morality of society? This chapter concerns the second problem. Resolving it involves settling one of Hart’s main problems in the philosophy of law, namely, the similarities and differences between legal and moral obligation.