Raz, Joseph
July 1985
Monist;Jul85, Vol. 68 Issue 3, p295
Academic Journal
The article reports that H.L.A. Hart is heir and torch-bearer of a great tradition in the philosophy of law which is realist and unromantic in outlook. It regards the existence and content of the law as a matter of social fact whose connection with moral or any other values is contingent and precarious. His fear that in recent years legal theory has lurched back in that direction, and his view that a major part of its role is to lay the conceptual foundation for a cool and potentially critical assessment of the law are evident. As so often in philosophy, a large part of the answer to this question consists in rejecting it as simplistic and misleading and substituting more complex questions concerning the relation between moral worth and legal validity.


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