THE MERITS OF HART'S CONCEPT OF LAW
It would not be out of place if we term Hart as a moderate legal positivist. He did not exactly the same line with other hard-core or extreme legal positivists.
To start with, Hart does not wish to deny totally the existence of natural law. His grouses with natural law is its classical form and its theocratic metaphysical coloration. He thinks it is necessary to insert the natural law doctrine, within such a metaphysical framework. What Hart is telling us is that “Natural law has not yet always be associated with belief in Divine Governor or Lawgiver of universe, and even where it has been, its characteristic tenets have been logically dependent on that belief “. The concept of nature underlying this doctrine in it classical form is, in Hart's view, now outdated and antithetical to the general conception of nature which constitutes the frame-work of modern secular thought.
Here, Hart professes a natural law devoid of divine theory and out-dated concept. It is his honest belief that if we stripped natural law its out-dated concept of nature and its theocratic metaphysics, natural law doctrine will be seen to contain some truths which are important for the desired goals of law and morality. These truths constitute certain fundamental principles of human conduct, which according to Harts is the core of the Natural law doctrine.
Hart calls them the minimum content of Natural law and they are responsible for the survival of the human societies, for they underlined law and morality. In the absence of this content, men as they are, would have no reason for obeying voluntarily and rules; and without a minimum of co-operation given voluntarily by those who find that it is in their interest to submit to and maintain rules. Credit must therefore be given to Hart because his concept of law has been able to address a moderate position regarding law morality in human society.
According John Finish, knowledge is something good to have, “Being well-informed and clear-headed is a good way to be. Muddle and ignorance are to be avoided, truth is worth pursuing”. On this not also we must understand that Hart's concept of law cut across our appreciation of basic human values, which we believe will bring enlightenment to human society. This truth, which according to Hart is desirable for the survival and social development of man, is also a worthwhile enterprise. There are five such truths and legal philosophers as being the true nature of man his society as commended these truths.
The first of these truths is, truth is human vulnerability. This term means that men are vulnerable and prone to attack. As a result of man's vulnerability, Hart advised that men should be restrained from attacking one another. He warned that law and morality should not be formulated in a negative form men should be mindful of role of law and morality in society. And that human instinct should embrace law and morality for their peaceful co-existence.
The second truth is what Hart called approximate equality. Although men differ in physical strength, yet they are approximately equal, for no individual is so much powerful than the other, that he is able, without co-operation, to dominate or subdue them for more than a short period. It is this principle of equality of all men makes system of mutual forbearance and compromise in social life.
Hart also believe that men are not predominantly selfish or completely altruistic. Rather men have limited altruistic tendencies, and these tendencies also make it necessary to have a system of forbearance. As a result of this human altruism, men were able to cohabit and avoid all those wicked tendencies that are injurious to human life.
Fourthly, Hart's concept of law advocated for dignity in human labour. To have basic needs of human life, that is food, clothes, shelter, e.t.c. Hart encouraged men to labour and maintain that division of labour is necessary in society for the supply of the basic need of life.
Limited understanding and strength of will is in Hart's opinion obeying the law and submitting voluntarily to restrictive rules in society. But are always people who prefer their own immediate interests and pursue them at the expense of the common good of the society. Unless those people are discouraged from such selfish interest, increasing number of people will join them and pursue their own personal interest and this will jeopardize the survival of human society. Therefore there is need, according to Hart, for sanction as a guarantee that those who would voluntarily obey shall not be sacrificed to those who would not.
Above all, Hart's concept of law has been able to present law and morality as the ingredients of peaceful human existence and that natural law and positive law should be geared toward bringing about good life and mutual co-existence in society.
