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Legal Philosophers Report: Philosopher: Hla Hart (Herbert Lionel Adolphus Hart)

941 words - 4 pages

“Behind his public success, Hart struggled with demons.” Hart’s words didn’t only change people, but it changed how people saw law than and how people see law now. Hart was known to be one of the greatest British legal philosophers; Herbert Lionel Adolphus Hart or as he was known as HLA Hart. He was born on the 18th of July, 1907 in Harrogate, England. He was the son of a Jewish family, his parents Rose and Simeon Hart were dressmakers. Even though his parents were of a Jewish background, Hart didn’t really consider him a Jew he was of Polish and German decent, though he spent most of his life in England as a professor.
Before he became a professor; Hart gained his knowledge from Bradford School and New College Oxford. After completing his education at Oxford, he became a barrister and practiced at the Chancery Bar from 1930 to 1940. During the war years because of his unfit service he worked with M15 a division of British Military Intelligence; he served until 1938 that’s when he returned to Oxford to pursue an academic career. This was when he met Jenifer Williams who he later on got married to. Things got better in 1945 when he was appointed a tutor at the New College and seven years later he was appointed as a professor at the University of Oxford. He conveyed lectures to undergraduates about rights and duties.
Hart's main goal was to tell the truth as a lecturer and writer. Hart understood law as taking the place of a custom or relying on the custom to form a decision to be made. Hart was the one that classified the rules of tort and criminal law as “primary and secondary rules.” Primary rules force us to do something or refrains us from an action. For example; we are forbidden from theft and if done there's a punishment. These rules also deal with family related issues, divorces and right to freedom of speech. Secondary rules allow the creation of new laws and as well as allows us to change already existing laws. These rules force parties to create a contract between each other to settle all matters and agreements within the contract. Hart's theory of law clearly expressed that “The rule of law and not of men” this was a very strong statement and he let out his message very clearly that every man has an obligation to follow the law. In one of his books “The Concept of Law” Hart expresses his opinion by stating that law doesn't really have a connection or relation with persuading someone to do something or threatening them and/or deal with moral values. He says that to form all of law as persuading someone to do something or pressurising them or pushing them with...

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