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http://ssrn.com/abstract=1606463
 
 

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Hart on Legality, Justice, and Morality


John Gardner


University of Oxford - Faculty of Law

May 13, 2010

Oxford Legal Studies Research Paper No. 44/2010

Abstract:     
In the comment on Nigel Simmonds' book Law as a Moral Ideal, I take issue with Simmonds' interpretation of the work of H.L.A. Hart. I attempt to provide textual support for the view that Hart did find necessary connections - many of them - between law and morality. The bulk of the comment 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. I find Hart surprisingly ambivalent about the last link in this chain, but do not find in this ambivalence any solace for Simmonds.

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Date posted: May 16, 2010  

Suggested Citation

Gardner, John, Hart on Legality, Justice, and Morality (May 13, 2010). Oxford Legal Studies Research Paper No. 44/2010. Available at SSRN: http://ssrn.com/abstract=1606463 or http://dx.doi.org/10.2139/ssrn.1606463

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John Gardner (Contact Author)
University of Oxford - Faculty of Law ( email )
St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom
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