more from H.L.A. Hart

Single Idea 23525

[catalogued under 25. Social Practice / D. Justice / 2. The Law / a. Legal system]

Full Idea

The question about morality and the law is also a question of morality - of whether the enforcement of morality is morally justified.

Gist of Idea

Is the enforcement of morality morally justifiable?

Source

H.L.A. Hart (Law,Liberty and Morality [1963], I 'Positive')

Book Reference

Hart,H.L.A.: 'Law,Liberty and Morality' [OUP 1968], p.17


A Reaction

This is a very nice meta-moral question. What moral standards are used to justify the enforcement of moral standards? Presumably there should be no contradiction between the levels, to brutally enforce softness, or softly recommend brutality?