Chapter 8, Justice and Morality Summary and Analysis

The theme of The Concept of Law is that law operates in so many ways that two types of law must be distinguished and that only their union comprises the essence of law. Chapter 8 inquires into the relationship between law and morality. Many affirm a necessary connection between law and morality but they differ on what the connection is. Some see morality as a standard that renders laws unjust and others see law as something morality can never undermine. To illuminate the question, Hart will focus on the tie between justice and its intimate connection to law and what distinguishes moral rules from legal rules.

While we often equate the legal system with the justice system, what is legitimate law and what is just are not coextensive. The idea of justice has two parts: a...