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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 ...
Fuller was a professor of law at Harvard Law School for many years, and is noted in American law for his contributions to both jurisprudence and the law of contracts. His 1958 debate with the British legal philosopher H. L. A. Hart in the Harvard Law Review (the Hart–Fuller debate) was important in framing the modern conflict between legal ...
Cumming v. Richmond County Board of Education: 175 U.S. 528 (1899) segregation in public schools The Paquete Habana: 175 U.S. 677 (1900) prize in admiralty law and customary international law: Maxwell v. Dow: 176 U.S. 581 (1900) Utah court procedure Bad Elk v. United States: 177 U.S. 529 (1900) unlawful arrest Taylor v. Beckham: 178 U.S. 548 (1900)
The legal process school was first given definition by Hart's manuscript of the same name, co-authored with Albert M. Sacks. Originally planned for publication by Foundation Press in 1956, the manuscript was organized into seven chapters, with 55 "problems" which guided the student through Hart and Sacks proposed approach to important American law cases.
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 ...
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. [35]
In his first televised interview since his widely criticized debate performance, Biden would not commit to taking a cognitive or neurological test and releasing the results.
H. L. A. Hart was probably the most influential writer in the modern school of analytical jurisprudence, [1] [2] [3] though its history goes back at least to Jeremy Bentham. Analytical jurisprudence is not to be mistaken for legal formalism (the idea that legal reasoning is or can be modelled as a mechanical, algorithmic process). Indeed, it ...