Correct option is D
H.L.A. Hart, a prominent legal philosopher, emphasized that a shared morality is essential for the existence of any society. Hart argued that legal systems require a minimum content of natural law, which includes a shared understanding of basic moral principles that are necessary for social order and cooperation. This concept is fundamental to his broader theory of legal positivism, where he acknowledges the role of social morality in the functioning of legal systems.
Information Booster: Hart’s idea contrasts with other legal positivists like Bentham and Austin, who were more focused on law as a system of rules enforced by the sovereign, independent of morality. Hart’s view bridges the gap between legal positivism and natural law theory, recognizing the role of morality in the effectiveness and acceptance of legal rules.
Additional Knowledge:
· (a) Jeremy Bentham: Known for utilitarianism, emphasizing the greatest happiness principle rather than shared morality.
· (b) Austin: Focused on legal positivism, defining law as commands issued by the sovereign, with less emphasis on morality.
· (c) Fuller: Advocated for the "internal morality of law," emphasizing the role of moral principles in the law itself.
