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  • W10B HART FULLER DEBATE Typed Notes PDF

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    The document summarizes the Hart-Fuller debate that occurred in the Harvard Law Review in 1958. The debate centered around the merits of legal positivism, as advocated by Hart, versus natural law theory, as advocated by Fuller. Hart argued that morality and law were separate, while Fuller responded that morality is the source of law's binding power. Fuller proposed that law requires both external morality to justify obedience, as well as internal morality consisting of procedural rules necessary for an orderly governance system.

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    The document summarizes the Hart-Fuller debate that occurred in the Harvard Law Review in 1958. The debate centered around the merits of legal positivism, as advocated by Hart, versus natural law theory, as advocated by Fuller. Hart argued that morality and law were separate, while Fuller responded that morality is the source of law's binding power. Fuller proposed that law requires both external morality to justify obedience, as well as internal morality consisting of procedural rules necessary for an orderly governance system.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    5 views7 pages

    W10B HART FULLER DEBATE Typed Notes PDF

    Uploaded by

    fel brobbs
    The document summarizes the Hart-Fuller debate that occurred in the Harvard Law Review in 1958. The debate centered around the merits of legal positivism, as advocated by Hart, versus natural law theory, as advocated by Fuller. Hart argued that morality and law were separate, while Fuller responded that morality is the source of law's binding power. Fuller proposed that law requires both external morality to justify obedience, as well as internal morality consisting of procedural rules necessary for an orderly governance system.

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    © All Rights Reserved
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    of 7

    LECTURE 10 B

    -HART-FULLER DEBATE

    a
    vi
    -DEBATE ON MERITS OF POSITIVISM AND NATURAL LAW

    d
    -HART-FULLER DEBATE

    re
    ● Occurred in Harvard Law Review 1958
    ● Outlines a number of key arguments for either position

    ha
    ● Understand Fuller’s theory of law
    ● Additional elements of Hart’s theory

    s
    ● Evaluate arguments and decide which school of thought is preferable

    as
    ● Hart took the positivist view in arguing that morality and law were separate. Fuller's reply argued for morality as the source of law's binding power.

    w
    Fuller proposes two types of morality in Law:

    1. External morality:

    m e
    ● Need to have an account of why laws are just in order to compel us to obey law – a legal system wholly devoid of justice does not command

    co rc
    obedience and hence is not truly law
    o. ou
    2. Internal Morality:
    ● This is a procedural account which seeks to draw out internal morality of law through considering the necessary criteria that must exist for
    er res

    governance through an orderly system of rules


    se dy
    tu
    ss
    H
    hi

    This study source was downloaded by 100000791724998 from CourseHero.com on 10-31-2021 16:09:52 GMT -05:00
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    hi

    This study source was downloaded by 100000791724998 from CourseHero.com on 10-31-2021 16:09:52 GMT -05:00
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    hi

    This study source was downloaded by 100000791724998 from CourseHero.com on 10-31-2021 16:09:52 GMT -05:00
    a
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    hi

    This study source was downloaded by 100000791724998 from CourseHero.com on 10-31-2021 16:09:52 GMT -05:00
    a
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    sha
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    m e
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    se dy
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    hi

    This study source was downloaded by 100000791724998 from CourseHero.com on 10-31-2021 16:09:52 GMT -05:00
    a
    vi
    d
    re
    sha
    as
    w
    m e
    co rc
    o. ou
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    se dy
    tu
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    hi

    This study source was downloaded by 100000791724998 from CourseHero.com on 10-31-2021 16:09:52 GMT -05:00
    a
    vi
    d
    re
    sha
    as
    w
    m e
    co rc
    o. ou
    er res
    se dy
    tu
    ss
    H
    hi

    This study source was downloaded by 100000791724998 from CourseHero.com on 10-31-2021 16:09:52 GMT -05:00
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