H. L. A. Hart on Legal Obligation* |
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Authors: | ADEJARE OLADOSU |
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Affiliation: | Obafemi Awolowo University Department of Philosophy lle lfe Oyo State Nigeria |
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Abstract: | Abstract. The author discusses Hart's concept of legal obligation, especially his contention that there is an obligation to obey the law which is peculiarly legal, i.e., non-moral. This view is held to be mistaken. What is denied is that legal rules, merely by their being issued, offer a justification for the use of coercion to ensure compliance with them. Although moral and other social (customary) rules are considered self-justifying, that is not the case of legal rules. Any analogy between these two types of rules in justifying their implementation by force is deemed wrong.** |
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