This coursework will be focusing on the Hart and Fuller debate and their views on morality in law. Taking into account the questions raised on morality in the interview with Lord Justice Alan Ward regarding the ‘Re A’ case.
Jurisprudential theory:
H.L.A Hart:
Within Hart’s theory he maintains that Law and Morality should remain separate. In one of his most famous works; ‘The Concept of Law ’ he analysis’ the relation between that is between law, coercion and morality. In order to try to and clarify whether laws are coercive orders or moral commands. Hart states in this book that there is no logical connection between law and morality, if we to conceive all laws as coercion orders or moral commands this would be oversimplifying and it would also impose misleading uniformity upon different types of Law. Therefore, he makes it clear within ‘The Concept of Law ’ that law and morality should remain separate. In Hart’s Holmes lecture he claims that, “there is no necessary connection between law and morals .” Hart doesn’t believe it is possible to define law in such a way as to state that they are all simply coercive orders. As to Hart laws can be rules that forbid individuals to perform certain actions or they can impose obligations on individuals. Or ‘enabling rules’ that dictate how we are to make a contract or a will for example. Although, Hart states that law is able to be regarded as coercive orders, due to the fact that some laws do confer powers and privileges on
Jurisprudential theory:
H.L.A Hart:
Within Hart’s theory he maintains that Law and Morality should remain separate. In one of his most famous works; ‘The Concept of Law ’ he analysis’ the relation between that is between law, coercion and morality. In order to try to and clarify whether laws are coercive orders or moral commands. Hart states in this book that there is no logical connection between law and morality, if we to conceive all laws as coercion orders or moral commands this would be oversimplifying and it would also impose misleading uniformity upon different types of Law. Therefore, he makes it clear within ‘The Concept of Law ’ that law and morality should remain separate. In Hart’s Holmes lecture he claims that, “there is no necessary connection between law and morals .” Hart doesn’t believe it is possible to define law in such a way as to state that they are all simply coercive orders. As to Hart laws can be rules that forbid individuals to perform certain actions or they can impose obligations on individuals. Or ‘enabling rules’ that dictate how we are to make a contract or a will for example. Although, Hart states that law is able to be regarded as coercive orders, due to the fact that some laws do confer powers and privileges on