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The Hart–Fuller debate is an exchange between the American law professor Lon L. Fuller and his English counterpart H. L. A. Hart, published in the Harvard Law Review in 1958 on morality and law, which demonstrated the divide between the positivist and natural law philosophy. Hart took the positivist view in arguing that morality and law were ...
Herbert Lionel Adolphus Hart was born on 18 July 1907, [4] the son of Rose Samson Hart and Simeon Hart, in Harrogate, [5] to which his parents had moved from the East End of London. His father was a Jewish tailor of German and Polish origin; his mother, of Polish origin, daughter of successful retailers in the clothing trade, handled customer ...
In his 1958 debate with Hart and more fully in The Morality of Law (1964), Fuller sought to steer a middle course between traditional natural law theory and legal positivism. Like most legal academics of his day, Fuller rejected traditional religious forms of natural law theory , which view human law as rooted in a rationally knowable and ...
The Hart–Dworkin debate is a debate in legal philosophy between H. L. A. Hart and Ronald Dworkin. At the heart of the debate lies a Dworkinian critique of Hartian legal positivism, specifically, the theory presented in Hart's book The Concept of Law. While Hart insists that judges are within bounds to legislate on the basis of rules of law ...
A pupil of Hart's, Joseph Raz was important in continuing Hart's arguments of legal positivism after Hart's death. This included editing in 1994 a second edition of Hart's The Concept of Law , with an additional section including Hart's responses to other philosophers' criticisms of his work.
The Concept of Law is a 1961 book by the legal philosopher H. L. A. Hart and his most famous work. [1] The Concept of Law presents Hart's theory of legal positivism—the view that laws are rules made by humans and that there is no inherent or necessary connection between law and morality—within the framework of analytic philosophy.
A central part of H.L.A. Hart's theory on legal positivism, in any legal system, the rule of recognition is a master meta-rule underlying any legal system that defines the common identifying test for legal validity (or "what counts as law") within that system. According to Hart:
Drawing its name from Hart & Sacks' textbook The Legal Process (along with Hart & Wechsler's textbook The Federal Courts and the Federal System, considered a primary canonical text of the school), it is associated with scholars such as Herbert Wechsler, Henry Hart, Albert Sacks and Lon Fuller, and their students such as John Hart Ely and ...