Ideas of H.L.A. Hart, by Theme

[British, 1907 - 1992, Professor of Law at Oxford University.]

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22. Metaethics / C. The Good / 1. Goodness / g. Consequentialism
Conduct is not isolated from its effect on the moral code
24. Political Theory / D. Ideologies / 5. Democracy / e. Democratic minorities
The great danger of democracy is that the oppression of the minority becomes unobjectionable
24. Political Theory / D. Ideologies / 6. Liberalism / a. Liberalism basics
In an organised society all actions have some effect on other people
25. Social Practice / A. Freedoms / 5. Freedom of lifestyle
The value of liberty allows freedom of action, even if that distresses other people
25. Social Practice / C. Rights / 1. Basis of Rights
Hart (against Bentham) says human rights are what motivate legal rights [Sen]
25. Social Practice / D. Justice / 2. The Law / a. Legal system
Positive law needs secondary 'rules of recognition' for their correct application [Zimmermann,J]
The principle of legality requires crimes to be precisely defined in advance of any action
Some private moral issues are no concern of the law
Do morals influence law? Is morality an aspect of law? Can law be morally criticised?
Is the enforcement of morality morally justifiable?
Modern law still suppresses practices seen as immoral, and yet harmless
25. Social Practice / D. Justice / 2. The Law / d. Legal positivism
Hart replaced positivism with the democratic requirement of the people's acceptance [Zimmermann,J]
25. Social Practice / D. Justice / 3. Punishment / b. Retribution for crime
Moral wickedness of an offence is always relevant to the degree of punishment