JORAS - Nigerian Journal of Religion and Society

It has been argued that H.L.A. Hart had redefined the domain of jurisprudence and established as a philosophical inquiry on the nature of the concept of law. He thought of using a new methodological approach to lucidly build a legal theory of right that would be spatially relevant in every modern municipal society – by conflating the existing dual schools, namely: naturalism and positivism. His works are seen by many social writers as considerably revolutionary, because he uses techniques associated with current analytical philosophy to resume the sort of discussion of grand themes which had been the hallmark of the late eighteen and early nineteenth centuries. The approach Hart used was a contemporary technique which aimed at defending the idea of legal law generally by accruing to it an element of moral sting, as against positivism, which was argued for by the eighteen-century utilitarian jurists – like Jeremy Bentham and John Austin. It was on this conviction that Hart built his novel idea of right. Using the critical and expository methods, the paper seeks to elucidate the nature and content of right in the Nigerian legal system not just as mere legal restriction, but as it applies to its political system.

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