Hart's conception of Law
| Autor | Diego Fonseca Mascarenhas |
| Ocupação do Autor | Master of Law at Universidade Federal do Pará (UFPA), Brasil |
| Páginas | 327-337 |
Special Workshop: Concepts and Conceptions of Law • 327
Hart’s conception of Law
Diego Fonseca Mascarenhas1
Abstract: This article aims to describe the criticism that the legal system is not
based solely on the character of the authority coercion. This analysis will be
designed from the dialogue held between Austin and Hart in “The Concept of
Law”. Hart understands that there is diversity in the rules, if taken together,
may contribute to the promotion of human rights in the context of democratic
societies, given that standards are met by a sense of obligation and not by force.
Keywords: coercive order; morality; legal system.
1. Introdução
The rule of law is very important to establish political legitimacy
in democracy. The conception that coercion and law are the same pro-
duces distortions in meaning of legal system because it aacks both the
human rights as the relationship between morality and norms. Thus,
this concept compromises the analysis of this last mentioned relation,
since the legal system is used as a coercive instrument to hold the power.
It could be easily mentioned many cases that testify the trouble of
authority in countries not provided of democratic regimes, as in North
Korea and in Iraq, where dictatorships are eective. Actually, in all
kinds of politic regimes, there is indeed a wide sort of troubles between
morality and rules. The goal in this paper is to approach the meaning
and the inuence of state authority in the social system. Thus, the aim
converges to clarify the criticisms made by H. L. A. Hart, in the book
The Concept of Law, around the deciency of the Austin’s legal system.
This project requires the approach of coercion and moral as distinct but
related social phenomena.
The dialogs between Hart and Austin are presented to research
1
Master of Law at Universidade Federal do Pará (UFPA), Brasil. E-mail: diegomask_85@
hotmail.com..
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