Law, Morality, and the Public Servant
探讨法律与道德之间长期存在的理论关系，包括历史影响、定义关联、道德是否应被法律强制执行，以及法律是否应受道德批评。
T he proper relationship between law and morality has been, for many years, a source of continuing concern, both theoretical and practical. British legal scholar H. L. A. Hart has identified four significant questions that traditionally have been raised concerning the nature of this relationship.' The first of these is historical and causal in nature: Has the development of the law been influenced by morals, and vice-versa? The second question may be called an analytical or definitional one: Must some reference to morality enter into an adequate definition of law or legal system? The third is Hart's concern: Is the fact that certain conduct is by common standards immoral sufficient to justify making that conduct punishable by law? Is it morally permissible to enforce morality as such? A fourth question concerns the possibility and the forms of the moral criticism of law: Is law open to moral criticism? Does the admission that a rule is a valid legal rule preclude moral criticism or condemnation of it by reference to moral standards or principles?