哈特视野中道德与法律关联分析 3（Analysis of the relation between morality and law in Harts view 3）.docVIP

哈特视野中道德与法律关联分析 3（Analysis of the relation between morality and law in Harts view 3） 3., the relation between morality and law content and function -- the minimum content of natural law In a way, Hart tends to approach the theory of natural law, and admits the fact that morality and law are in fact connected, in the light of his exposition of the minimum content of natural law. Hart believes that there are five natural facts in human society, that is, human frailty, general equality, limited altruism, limited resources and limited understanding and willpower. Based on these natural facts, in order to achieve the sustainable existence of human beings, some legal rules and moral rules are required accordingly. These necessary rules of conduct constitute the minimum content of natural law and constitute a common part of the law and morality of all societies. Hart believes that the minimum content of natural law has a fundamental role in society, but there have been no history without morality leads to social breakdown phenomenon, so that moral law enforcement itself is consistent with the moral need is a justification of [9]. In Harts opinion, justice is a part of morality, the core idea is the same situation of equal treatment, different treatment of different situations, emphasizing the minimum content of natural law, the purpose is to make the legal justice as far as possible. Of course, the connection between morality and law does not mean that Hart affirms the concept of law and logically contains moral factors. Through the above analysis, we can see from what is the law to lay in judicial judgment, even the minimum content of natural law discussion, Hart did not deviate from from first to last a moral and legal concept not necessarily this separation proposition, firmly believe that the legitimacy of legal. Three, the critique of Harts separation proposition Hart insisted on the separation of morality and law, and argued that the legitimacy of law came from the ru