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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 ...
Methodological legal positivism is a value-free, scientific approach to the study of law and, at the same time, is a way of conceiving the object of legal knowledge. It is characterised by a sharp distinction between real law and ideal law (or "law as fact" and "law as value", "law as it is" and "law as it should be") and by the conviction that ...
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.
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 ...
Fuller proposes principles that would easily fit into a positivistic account of law and Hart points out that Fuller's principles could easily accommodate an immoral morality. Other critics have challenged Fuller's claim that there is a prima facie obligation to obey all laws. Some laws, it is claimed, are so unjust and oppressive that there is ...
We've compiled a list of relatively safe subjects — open-ended, locally rooted topics likely to draw disagreement but probably not blood. No politics, no religion, no FIFA, no tacos.
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H. L. A. Hart; Habeas corpus; Hans Kelsen; Hans Köchler; Hart–Dworkin debate; Hart–Fuller debate; Herman Oliphant; Homo sacer; Hozumi Nobushige; Hugo Grotius; Immanuel Kant; Imperium; Indeterminacy debate in legal theory; International Association for Philosophy of Law and Social Philosophy; International legal theory; Interpretivism ...