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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 ...
sometimes considered one of the Insular Cases: Ex parte Joins: 191 U.S. 93 (1903) Missouri, Kansas, & Texas Railway Co. of Texas v. May: 194 U.S. 267 (1904) 14th Amendment permits law which penalizes railroads for allowing weeds to grow Kepner v. United States: 195 U.S. 100 (1904) sometimes considered one of the Insular Cases: Dorr v. United States
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 ...
In 1874, the U.S. government created the United States Reports, and retroactively numbered older privately-published case reports as part of the new series. As a result, cases appearing in volumes 1–90 of U.S. Reports have dual citation forms; one for the volume number of U.S. Reports, and one for the volume number of the reports named for the relevant reporter of decisions (these are called ...
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]
Herbert Lionel Adolphus Hart FBA (/ h ɑːr t /; 18 July 1907 – 19 December 1992) was a British legal philosopher.One of the most influential legal theorists of the 20th century, he was instrumental in the development of the theory of legal positivism, which was popularised by his book, The Concept of Law.
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 ...
It includes United States Supreme Court cases that can also be found in the parent category, or in diffusing subcategories of the parent. Cases of the Supreme Court of the United States decided during the tenure of Chief Justice Melville Fuller (1888–1910).