H. L. A. Hart and His Contribution to Law

Herbert Lionel Adolphus Hart was an English Political−Legal Philosopher and Professor of Jurisprudence who is prominent for redefining the Analytical−Positivism School of Jurisprudence in the 20th century. Hart contributed in the field of philosophy and jurisprudence through his writings which enshrined a new methodology to approach law in an analytical and scientific method while giving due considerations to morality, therefore, dealing with the flaws of positivism and reconceptualizing its principles in the contemporary times.

Life and Early Career Choices (1907 − 1992)

Hart was born into a Tailor−German family of Polish origin and studied at the New College, Oxford. Hart started his career as a successful barrister in the Chancery Bar and practiced for almost a decade. Thereafter, he worked in the British military intelligence during the Second World War and afterwards accepted the offer of Professorship in Oxford instead of returning to practice. Hart wrote his most remarkable work, The Concept of Law while delivering lectures as the Professor of Jurisprudence in Oxford.

Hart’s writings were basically a revolt against the rigid positivism theory of law in the form of a new analytical school of jurisprudence which was different from Austin’s ideas as he embraced law with all social and moral principles. Moreover, Hart propounded his own theory of primary and secondary rules to explain the nature of law instead of following Austinian theory of command and sovereignty.

Further, Hart’s theory was altogether different from his predecessor’s ideas as he contemplated that law, sanction and morality are interconnected as law is influenced by sociological implications.

Concept of Law

Hart published his celebrated work, The Concept of Law in 1961 in which he defined the nature of law from an analytical perspective. Hart contended that Law is a system and combination of primary and secondary rules which is essential to the science of jurisprudence.

According to Hart, primary rules govern the conduct of individuals as they require them to do or to abstain from doing certain things therefore imposes a duty on them. While secondary rules confer powers on legislators to modify the rules and duties in accordance with the changing national policies and societal needs, thus, to remedy the defects of primary rules so that the union of both the rules results in formulation of binding and accepted laws.

In other words, primary rules regulate human conduct and secondary rules provide the procedural methods for the enforcement of the primary rules.

Rule of Recognition

Hart believed that validity and binding force of a law depends on its recognition. It means that if the law is widely accepted by the people, then it imposes a duty on them to abide by the law due and it would be enforceable due to the virtue of its recognition. Additionally, he mentioned that if the law is enacted by the state, then as well it has the value of recognition and is binding on the citizens.

Law and Morality

Though Hart is known as a forerunner of the Positivism−Analytical School of Jurisprudence, he accepted the importance of natural laws. He believed that law and morality have certain features of natural laws as its essence because individuals live in a society and they morally feel themselves to abide by the rules both as a matter of duty and obligation. Thus, he asserted that law and morality are complementary to each other and morality is a pre−requisite of society.

Hart’s Thesis

The following are the major thesis:

• The Concept of Law

• Law, Liberty & Morality

• The Morality of the Criminal Law

• Definition and Theory in Jurisprudence

• Punishment and Responsibility

Conclusion

H. L. A. Hart was a renowned legal scholar who wrote the most important work of legal philosophy in the entire 20th century. He was one of the earliest political and legal professors who founded the concept that the right of one person implies a duty of another. Additionally, his thesis sought to strike a balance between positive and natural schools of law, the two entirely contradictory ideologies, by contemplating that law has certain essential natural and moral values as it is framed in accordance with societal developments.

Frequently Asked Questions

Q: Who was H. L. A. Hart?

Ans: H. L. A. Hart was a British legal philosopher and professor known for his influential work in legal positivism and his contributions to the philosophy of law.

Q: What is H. L. A. Hart best known for?

Ans: H. L. A. Hart is best known for his book "The Concept of Law" (1961), in which he developed a modern version of legal positivism that emphasized the separation of law from morality and focused on the internal practices of legal systems.

Q: Why was there a debate between Hart and Kelson during the entire 20th century?

Ans: Hart and Kelson’s debates were the headlines of every newspaper and legal j ournal of the 20th century as they both demonstrated their own thesis with a critical review of each other’s work. They both were the dominant and eminent legal−political personalities of the century who belonged to two completely different schools of jurisprudence. Further, their debates contributed majorly in the development of the contemporary jurisprudence, thus, enjoyed and cherished by the intellectuals of the time as fruitful sources of law.

Q: Why did Hart criticize his own predecessor, Austin?

Ans: Hart and Austin, both belonged to the Analytical School of Jurisprudence. And it was the Austinian thesis which founded the Analytical and Positivism school of law which was later developed by Hart. However, Hart did not follow Austinian belief that law and morality should be separated because Hart considered morality as essence of law because it functions in the social spectrum and derives it force from general acceptance while Austin considered that Law is a separate jurisprudence and there should be no influence of morality on it because law is made by sovereign.

Q: What is legal positivism according to Hart?

Ans: Hart's version of legal positivism, known as the "inclusive positivism," holds that there can be legal rules without moral content. He emphasized the importance of social practices and acceptance by legal officials in determining what constitutes law.

Q: How did Hart view the relationship between law and morality?

Ans: Hart distinguished between "law as it is" and "law as it ought to be." He believed that while legal systems might incorporate moral elements, the validity of law does not depend on its moral content.

Q: What is Hart's concept of the "rule of recognition"?

Ans: The "rule of recognition" is a key concept in Hart's legal theory. It refers to the fundamental rule that specifies how laws are identified and recognized within a legal system. This rule serves as the criterion for determining the validity of legal norms.

Q: How did Hart contribute to the philosophy of punishment?

Ans: Hart's work on punishment focused on the concept of "justification" rather than "excuse." He argued that punishment should be justified by showing its social benefits, rather than by excusing the offender based on psychological factors.

Q: What was Hart's legacy in legal philosophy?

Ans: H. L. A. Hart's legacy lies in his significant contributions to legal positivism and the philosophy of law. His "The Concept of Law" reinvigorated discussions about the nature of law, its relationship to morality, and the criteria for identifying legal rules within a legal system.