Law, Liberty and Morality

work by Hart

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July 21, 2026

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H.L.A. Hart's Law, Liberty, and Morality (1963) argues against the legal prohibition of homosexual acts between consenting adults. Hart, a prominent 20th-century legal philosopher, invoked John Stuart Mill's "harm principle," which states that laws should only prohibit actions causing non-trivial harm to others. Hart contended that consensual homosexual intercourse does not meet this criterion, and offense to some individuals is insufficient justification for legal prohibition. This work aligns with Hart's broader legal positivism, emphasizing the separation of law and morality, though he also explored political philosophy and the nature of rights.12

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H.L.A. Hart
Later work
…1963, with the publication of Law, Liberty, and Morality. He wrote in the liberal tradition of English philosopher and economist John Stuart Mill in arguing that homosexual intercourse between consenting adults should not be legally proscribed. Invoking and defending Mill’s “harm principle,” which maintains that no activity can legitimately be…
Read More
…1963, with the publication of Law, Liberty, and Morality. He wrote in the liberal tradition of English philosopher and economist John Stuart Mill in arguing that homosexual intercourse between consenting adults should not be legally proscribed. Invoking and defending Mill’s “harm principle,” which maintains that no activity can legitimately be…
Read More