Hart’s Philosophy
by Natural law thinking has not always been associated with belief in Divine Governor or law-giver of the universe. To start with, the history of law has been a tussle between the idealistic school and positivistic school. Not only do the idealist and the positivist conceive law differently, it needs to be pointed out, however that within the context of ancient Greek philosophy and other philosophers in their individual capacities was adherent of the natural law doctrine.
According to the sophists, natural law is innate in man and is the product of truth. The law of the state is product of mere opinion and they often command men to do things that are unnatural. Law has the capacity to meet the challenges and problems of the society. It is helpful in the sense that it enables us to validate and ascertain the validity of the unjust law and abuse of liberty. “Without the natural law, a just man in a slave society would have nothing to guide his conscience as to the impropriety of slavery and slave trade”! Thus natural law is law of reason and dive. It allows anyone to hold a view about law and moralizes law.
STATEMENT OF PROBLEM
The social relevance of Hart’s concept of law seeks to promote good conduct, the general good of all and good rational policies. In his contribution to law, he tried to bring answer and to see whether his concept of law would be able to clear the controversies surrounding the question, what is law? Meanwhile, the question as to what law is and its purpose in society has lately preoccupied and minds of legal theorist and philosophers. This problem has also led as to whether law has any affinity with morality as was championed by the naturalists school and the positive school. It was this debate between the natural law theorists and positivists school that made professor Hart to come up with a distinct concept of law, which is the basic frame work of my research.
We shall equally show the criticism the natural law theorists exposed themselves to. Remedies available towards the fallacies and criticisms of natural law doctrine would be examined. Individual opinions, suggestions are also carefully discussed.
PURPOSE OF STUDY
The purpose of this research work is to show the relevance of law in our society and how it relates with morality. Also I intend to bring out or analyze the concept of law by H.L.A. Hart; and how other philosophers criticized his view of law.
SCOPE OF STUDY
Different scholars have contributed to the notion of law. The scope of this work shall be limited to the view of Hart, Tomas Aquinas, L.L. Fuller, Plato e.t.c. We shall apply this law to man and see how law and morality mingle with the society.
METHODOLOGY
To enhance this paper and interest my readers, the method of exposition and critical analysis are involved.
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