HUMAN RIGHTS THROUGH THE JART FULLER DEBATE..doc

HUMAN RIGHTS THROUGH THE JART FULLER DEBATE..doc - HUMAN...

This preview shows page 1 - 2 out of 2 pages.

HUMAN RIGHTS THROUGH THE HART-FULLER DEBATE. Moral questions invade the law at every turn. A rigid separation between morality and the law is, to natural lawyers, highly improbable. The legal positivist’s quest for a value-free account of law is countered by the natural lawyer’s claim that it neglects the very essence of law—its morality— that ‘the act of positing law . . . can and should be guided by “moral” principles and rules. Ideal fidelity to law, as Lon Fuller put, must mean more than allegiance to naked power. HART V FULLER DEBATE Lon L Fuller (1902–78) is associated with his secular natural law position that law has an ‘inner morality’, and that a legal system is the purposive ‘enterprise of subjecting human conduct to the governance of rules’. This debate begun when Professor Hart delivered a Lecture ‘titled Positivism and the Separation of Law and Morals’ in Harvard (1957), was followed by Professor Fuller responds in his article ‘Positivism and Fidelity to Law—A Reply to Professor Hart’. The focus of the debate was a
Image of page 1

Subscribe to view the full document.

Image of page 2
  • Fall '17
  • Law, Professor Fuller

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern