An Analysis of the Relationship Between Law and Morality from Hart and Dworkin's Point of View

This article was written with the aim of investigating the relationship between Law and Morality in Hart and Dworkin's thought. The results of the research indicated that according to Hart, law and Morality can be related in two ways. One is Transverse, which includes the acceptance of morality principles in the Rule of recognition and compliance with the minimum content of the laws from a morality point of view. The other is the Inherent relationship, which was the observance of the formal justice of the law, which meant similar treatment with similar cases. Such an attitude is not incompatible with the principles of positivism because it is only a formal aspect. On the other hand, according to Dworkin, in Hard legal cases, the judge has to solve the issue through the principles and values that are the basis and fundamental area of the legal system. In such cases, the judge examines the case and issues a final decision by resorting to appropriate principles and morality values. In addition, in Hard legal cases, the judge's role is not only to apply the laws, but his duty is to interpret the laws. The judge should try to understand the principles and values in such a way that the coherence and integrity of the legal system, that is, the coordination of laws, principles and values, is observed. Based on this, both Hart and Dworkin acknowledged the role of morality in law, however, they differed in their analysis and approach to this issue.

کلیدواژه ها:

Law ، Morality ، Rule of Recognition ، Hard cases ، Principles and Values