ABSTRACT
This chapter argues, that such a theoretical foundation can be found in the work of H. L. A. Hart. It elaborates a bit further on why this discussion is of relevance for the current privacy debate (section "Privacy, Big Data and the need for intrinsic limits on legal orders"). The chapter proceeds with the first main argument that runs as Hart's attack on Devlin was based partially on the suggestion that law and morals could be separated; Devlin's position conflicted with Hart's rules of changes, spelled out in The Concept of Law as one of the minimum conditions of legal orders and with Hart's positivist account on the proper position of the judiciary; followed by a small conclusion. One of the theories that has been historically influential is the private domain functions as a place where the necessities of life can be hidden.
