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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
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  • Fall '17
  • Law, Professor Fuller

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