A review on ‘Law Liberty and Morality’

Welcome to my first ever book review for Lawyers in Waiting it is with great delight I present the selected book to be… (drum roll please) ‘Law Liberty and Morality’ by HLA Hart! This was an obvious choice due to its relative ease to read and its short duration which provides as the perfect baby step in widening our legal knowledge. I wanted to choose a book that didn’t delve into a particular niche of law but instead sat outside of that - more so leaning into the jurisprudence aspect of law and actually the side of law which can be at the forefront of legal studies particularly at university’s similar to Oxford.

HLA Hart, the writer of Law, Liberty and Morality was educated at Bradford grammar school and New College Oxford and reached a sensational first-class degree in Classical Greats. Hart later practiced with the Chancery Bar from 1932 to 1940 and throughout the second world war Hart worked with MI5 before becoming a philosophy tutor at New College in Oxford. In 1952 Hart became the chair of Jurisprudence at Oxford University until 1969. Indeed, Hart is a man of immense education and knowledge which is so clear within his numerous works. Though Hart has worked on several pieces of literature from the ‘Concept of Law’ and the ’Causation of Law’, It was ‘Law Liberty and Morality’ which delved into the the famous debate he had with Lord Devlin in which they discussed whether the legal system should enforce morality.

Hart’s work acts as the mouthpiece for the conflict between individual liberty and a need to enforce morality within the legal framework. He initially presents John Stuart mill, one who believes in the harm principle (any a level politics student will be familiar with this), this is a principle which argues the only moral justification of legal enforcement is to prevent harm onto others, not oneself. In addition, Hart also gives Lord Devlin’s viewpoint due time, who argues that it is the states job to enforce morality otherwise the nation would fall apart. Harts Literature demonstrates himself both in conflict and agreement within both individuals, understanding Mills harm theory and giving it validity whilst at the same time identifying that there is a place for paternalism of the state and an enforcement of positive morality. However, Hart does fundamentally disagree with Lord Devlin’ claims as Hart believes there should be limits to the power of the state when it comes to enforcing morality, particularly where the matters are private and do not place harm onto others.

This book does well at challenging my own ideas of what I deem to be a just legal system, one which follows suit with the general distinction of morality, Hart however, has exposed faults within this concept, that actually at times morality even if shared by the wider public can impede on one's own liberty when harm is not done to others. He defends this by referencing the private sexual affairs between two consenting adults for example homosexuality (it is important to clarify that at this time homosexuality was illegal), though many in society may oppose these relations- it would be a complete encroachment - to an extent - to ban them based on the idea that society may see them as morally not permissible. Here Hart strikes a balance between the desire for the law to fall in line with morality but also protecting one's own liberty where it is permissible. It is safe to say I have considered a new aspect for the justifications of law.

I would absolutely recommend this book to anyone who enjoys delving into other people's minds and trying to understand what defends their moral standpoint. I found it intriguing to learn more about Hart’s criticisms and agreements within the legal system. Furthermore, I recommend reading this book if your considering law at university for it is one that explores elements of jurisprudence which will be undoubtedly covered.

P.s You can buy this book on many website, I personally purchased it from amazon, happy reading!

Until next time,

Olivia.