ХАРТОВА КРИТИКА МОРАЛНИХ ИДЕАЛА
HERBERT HARTS CRITICISM OF MORAL IDEALS

Summary/Abstract: Herbert Hart is one of many great philosophers who, in different forms, have asserted that there is a necessary connection between the law and the moral. The traditional thought entails that justice is a moral ideal, either securing or establishing the balance. Recognized as the "accepted moral" of the respective society are the standards of behaviour widely present in the society. The term "moral" is quite frequently used in addition to the requirements set forth in the legal norms. The responsibilities stemming from these norms may be the most fundamental in nature, but they can still differ from one society to another. An essential element of the notion of justice, the principle of equal treatment of similar cases, implies justice in enforcing the laws and not the fairness of the laws. Thus, in the general rules describing the concept of law, there is something that prevents us from treating the law as completely neutral in respect of the moral.

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