Hart on legal enforcement of morality

Abstract

Author analyzes H.L.A Hart's discussion about the legal enforcement of morality. The legal enforcement of morality is one among many various aspects of the complex relation between law and morality. Hart's standpoint about the legal enforcement of morality reflects his general concept about relations between law and morality. At the same time, his concept of legal enforcement of morality represents stark theoretical opposition to moral and legal philosophy of Lord Patrick Devlin. Hart's generad concept of relation between law and morality could interpreted by polarity thesis. Polarity thesis claims that law and morality are distinct normative systems, but between there are many rationally identifiable and relevant overlapping. Theoretically the most significant overlap between law and morality is presented in the theory of minimal natural law theory. This theory exemplifies empirical version of classical natural law theory. The minimal natural law theory relevantly impacts on formation of Hart's attitude concerning the phenomenon of legal enforcement of morality. The traces of it's impact are presented in Hart's modification of Mill's liberty principle and his claim about necessity of extension of largest possible extent of equal personal freedom.