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Hart on Natural Rights

Published online by Cambridge University Press:  27 January 2009

Extract

In 1955 Professor H. L. A. Hart put forward the claim that ‘if there are any moral rights at all, it follows that there is at least one natural right, the equal right of all men to be free’, and this thesis and the arguments he adduces in its support have been thought sufficiently important for the article to be reprinted in a recent book of readings on political philosophy for students and general readers. The truth of Hart's thesis as stated is clearly meant to be independent of the moral stance of the asserter. Yet to my mind it is untenable as it stands, and could be modified only at the expense of taking up a particular moral position.

England has long been fertile ground for scholars (usually American) concerned to locate the antecedents of stable and democratic government. More often than not they have stressed a particular configuration of attitudes as a basic support for such government. Evaluation of the consequences for the political system of these attitudes has frequently proceeded along very inferential and impressionistic lines, and has resulted in a benign view of the British political system.

Type
Notes and Comments
Copyright
Copyright © Cambridge University Press 1972

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References

10 A propos the meaning of intensity, at least two of the respondents thought that the question covering strength of party identification referred to whether or not they were party members! In this regard it is worth noting that no more than 14 of the 56 party members regarded themselves as ‘very strong’ supporters of their party.

1 Hart, H. L. A., ‘Are There Any Natural Rights?’, Philosophical Review, 64 (1955), 175–91, p. 175.CrossRefGoogle Scholar

2 Quinton, Anthony, ed., Political Philosophy (Oxford: Oxford University Press, 1967).Google Scholar

3 Hart, , ‘Are There Any Natural Rights?’ p. 175.Google Scholar

4 Hart briefly discusses the case of moral codes without the notion of a ‘right’. I shall not take up the problems raised by such codes here.

5 Hart, , ‘Are There Any Natural Rights?’ p. 190.Google Scholar

1 Dennis, Jack et al. , ‘Support for Nation and Government among English Children’, British Journal of Political Science, i (1970),2448.Google Scholar

2 See Kavanagh, Dennis, ‘The Deferential English: A Comparative Critique’, Government and Opposition, 6 (1971), 333–60.CrossRefGoogle Scholar