H.L.A Hart on Legal Positivism: Implications for Contemporary Nigerian Legal

Abstract

There is no doubt that law is a defining feature of government or any socio-political organization in the civil society. The problem of how to reconcile law and morality has been a signature issue in philosophical jurisprudence. Law and morality represent two seemingly opposing paradigms which lie at the intersection between philosophy of law and moral philosophy. This paper examines the nature and character of legal positivism in Hart’s philosophy of law. It x-rays the implications of Harts legal theory for administration and dispensation of justice in the Nigerian legal system. It adopts qualitative research method and employs textual analysis. It provides conceptual clarification of salient themes and topical issues bordering on Hart’s jurisprudence. It posits, in conclusion, that morality is indeed a proviso or conditio sine qua non in the determination of legal justice. It recommends a reconstructive adaptation of Harts conception of legal positivism in contemporary Nigerian legal system.

Keywords: Hart, legal, positivism, implications, contemporary, Nigerian, legal, system.