Are There Any Natural Rights According To Hart?

Hart’s theory of natural rights centers on the assertion that within the realm of rights, a fundamental concept emerges—the inherent and equal entitlement of all individuals to freedom. In other words, Hart posits that if we acknowledge the existence of any rights, we must, by extension, recognize the presence of at least one natural right, which is the universal right of every person to be free. This theory underscores the foundational importance of personal liberty as a fundamental principle within the broader discourse of natural rights.

Is Hart a proponent of natural law theory? Hart indeed expresses a strong affinity for what he refers to as the fundamental principles of natural law. He contends that the legal system should remain open to ongoing moral evaluation. This perspective highlights Hart’s belief that the law should not be divorced from ethical considerations and should be consistently examined through a moral lens.