Understanding Law vs Morality: The Big Divide
You've probably noticed that what's legal isn't always what feels right morally - and that's where things get interesting. Legal positivists like Professor Hart argue that laws are only valid when made by recognised authorities like Parliament, completely separate from moral judgements.
Law operates like a rigid system - it's made up of rules from EU Law, statutes, and case law that everyone must follow. Break these rules and you face real punishment. The brilliant thing about legal rules is they start on specific dates and can be changed relatively easily when society demands it.
Morality, on the other hand, is personal and messy. It's based on individual values or collective societal beliefs, often heavily influenced by religion. The catch? There's no official penalty for breaking moral rules - just potential social disapproval or exclusion.
Key Insight: The Fuller/Hart debate of 1958 perfectly demonstrates this divide - Hart supporting legal positivism whilst Fuller championed natural law theory, believing law should be grounded in morality and ethics.
