Question

Rules are minimum content of natural law and are related to facts of human conditions. Who laid down the postulate.

• A. Lon Fuller
• B. Bentham
• C. H.L.A. Hart
• D. Austin

Hint:

Even though H.L.A. Hart is a legal positivist, his concession of the "minimum content of natural law" is a crucial area of study for competitive exams.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks us to identify the jurist who propounded the idea of the "minimum content of natural law" based on the facts of human conditions.

Step 2: Key Concepts and Approach:
This postulate is a significant bridge between Legal Positivism and Natural Law theory.
We need to identify the soft positivist who acknowledged that law must contain a minimum moral core to survive.

Step 3: Detailed Explanation:

• H.L.A. Hart’s Positivism: In his seminal work "The Concept of Law," Hart argued that while law and morality are conceptually distinct, there are certain natural facts about human condition that require a minimum overlap.

• The Five Truisms: Hart identified five "truisms" about human nature: human vulnerability, approximate equality, limited altruism, limited resources, and limited understanding and strength of will.

• Minimum Content of Natural Law: Because of these truisms, any viable legal system must have rules restricting violence, protecting property, and enforcing promises. Hart termed these rules the "minimum content of natural law."

Step 4: Final Answer:
This postulate was laid down by H.L.A. Hart. Thus, Option C is correct.