ABSTRACT

Indeed, legal positivism generally has been deeply engaged in demonstrating the similarities of law and morals as social sub-systems, both in content and form. Austin's account of positive morality and Hart's analysis of legal obligation as a sub-set of social obligations affirm the significant empirical connections between law and morality as social phenomena.2o Both theorists, however, go on to describe the mechanisms whereby positive moralhy and positive law may be distinguished and separated when it is necessary to do so.