The Hart-Fuller Debate (Point Form)

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Free A side view of a justice statue with a sword and weighing scales against blue skies. Stock Photo
H.L.A. Hart’s Position (Legal Positivism)
    • Hart, Professor of Jurisprudence at Oxford, delivered the 1957 Oliver Wendell Holmes lecture at Harvard.
  • Advocated for analytical jurisprudence and legal positivism, separating law from morality.
  • Argued that the validity of a legal system should be based on its formal criteria (systematic application of rules) rather than its moral content.
  • Emphasized that law as it is (positive law) should be distinguished from law as it ought to be (moral considerations).
  • Asserted that effective legal systems can exist even without moral merit.
Lon Fuller’s Position (Natural Law)
  • Fuller, Carter Professor of General Jurisprudence at Harvard, responded to Hart’s lecture, opposing legal positivism.
  • Argued that law and morality are inherently connected and must work together.
  • Introduced the concept of the “inner morality of law”, arguing that legal systems must adhere to certain moral principles to be valid.
  • Identified eight essential principles for a legitimate legal system, including clarity, consistency, and the ability for citizens to comply.
  • Contended that laws that fail to meet these moral standards cannot be valid law.
Key Differences
  • Hart’s Positivism: Law should be studied separately from morality; validity is based on structure, not moral content.
  • Fuller’s Natural Law: Law must adhere to moral principles; failure to do so undermines its legitimacy as law.
  • Impact and Legacy
  • The debate highlighted tensions between law as a set of rules (positivism) and law as a moral endeavor (natural law).
  • Both perspectives have shaped contemporary jurisprudence and continue to influence discussions on law and morality.

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