Understanding of obligation according to H. Hart's doctrine

Abstract

The article is devoted to the disclosure of the content of the category of obligation according to H. Hart's doctrine. The author emphasizes that the English philosopher singles out two groups of rules that are combined with each other and reflect the essence or basis of law (legal system) as such. Primary rules (rules of the first type) establish obligations, that is, prescribe to do something or refrain from something regardless of the will of individuals. The rules of the second type (secondary) provide power - public or private, that is, they give the primary rules an official status, legal validity, create opportunities to introduce new rules of the first type, change or cancel old rules, or establish control over their implementation (functioning). Therefore, the law in H. Hart is reduced to rules that, among other things, assign obligations that must be performed regardless of the wishes of individuals.
 
 Hart separates legal and moral obligations, takes into account the motivational and even reflexive-critical component in the perception of the obligations imposed on an individual by law. At the same time, H. Hart points to two important aspects inherent in obligations: first, the so-called "internal aspect of rules", that is, motivation of individuals regarding their performance of obligations; secondly, the factor of social pressure, which shows that the society expects the individual to perform his obligations, just as he can expect the same performance from others. Both legal and moral obligations delineate the limits of the behavior of individuals, and their fulfillment is perceived as the minimum contribution of individuals to social life. At the same time, the specifics of moral obligations are determined by their heightened significance, a special form of moral pressure, immunity to conscious change, and the freewill nature of their violations. Moreover, there are a number of manifestations of morality (moral ideals and virtues) that go beyond moral obligations. The existence of a legal obligation requires the presence of the following minimum conditions: first, there is a legal system; second, there is a primary rule that imposes an obligation if a particular set of facts is present; thirdly, a certain set of facts is formed.