Jurist's View on Law and Morality

The question asks to identify the jurist who stated that 'Law and morality are complementary and supplementary to each other'. This requires understanding the core tenets of major legal theorists regarding the relationship between legal rules and ethical principles.

Analyzing Jurist Assertions

• John Austin: A proponent of legal positivism, Austin defined law as the command of a sovereign backed by a threat. His theory largely separates law from morality.
• Hans Kelsen: Known for his Pure Theory of Law, Kelsen aimed to establish law as an independent science, free from moral or social considerations. He viewed law as a normative order distinct from morality.
• H.L.A. Hart: In his seminal work, 'The Concept of Law', Hart, while primarily a legal positivist, acknowledged a connection between law and morality. He argued for a 'minimum content of natural law', suggesting that certain basic moral rules are necessary for the survival and functioning of any society and its legal system. This implies that law and morality can be seen as complementary and supplementary.
• Devlin: Lord Devlin, particularly in his essays on the enforcement of morals, argued for the importance of morality in society and supported its enforcement through law, especially in areas of public decency and order. This perspective emphasizes morality's role but differs from Hart's specific assertion of complementarity in structure and function.

Conclusion on Legal Complementarity

H.L.A. Hart's position acknowledges that while law and morality are conceptually distinct, certain moral principles are integral to the existence and efficacy of a legal system. This viewpoint directly supports the assertion that 'Law and morality are complementary and supplementary to each other'.