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Like most legal academics of his day, Fuller rejected traditional religious forms of natural law theory, which view human law as rooted in a rationally knowable and universally binding "higher law" that derives from God.
I would like to ask the reader whether he can actually share Professor Hart's indignation that, in the perplexities of the postwar re-construction, the German courts saw fit to declare this thing not a law.
Can it be argued seriously that it would have been more beseeming to the judicial process if the postwar courts had undertaken a study of "the interpretative principles" in force during Hitler's rule and had then solemnly applied those "principles" to ascertain the meaning of this statute?
On the other hand, would the courts really have been showing respect for Nazi law if they had construed the Nazi statutes by their own, quite different, standards of interpretation?
By the simple dodge of saying, "When a statute is sufficiently evil it ceases to be law," they ran away from the problem they should have faced. This criticism is, I believe, without justification. So far as the courts are concerned, matters certainly would not have been helped if, instead of saying, "This is not law," they had said, "This is law but it is so evil we will refuse to apply it.
When a system calling itself law is predicated upon a general disregard by judges of the terms of the laws they purport to enforce, when this system habitually cures its legal irregularities, even the grossest, by retroactive statutes, when it has only to resort to forays of terror in the streets, which no one dares challenge, in order to escape even those scant restraints imposed by the pretence of legality - when all these things have become true of a dictatorship, it is not hard for me, at least, to deny to it the name of law.
According to Fuller, certain moral standards, which he calls "principles of legality," are built into the very concept of law, so that nothing counts as genuine law that fails to meet these standards.
In virtue of these principles of legality, there is an inner morality to the law that imposes a minimal morality of fairness.
Some laws, he admits, may be so wicked or unjust that they should not be obeyed. But even in these cases, he argues, there are positive features of the law that impose a defensible moral duty to obey them.
According to Fuller, all purported legal rules must meet eight minimal conditions in order to count as genuine laws. The rules must be 1 sufficiently general, 2 publicly promulgated, 3 prospective i. Fuller presents these issues in The Morality of Law with an entertaining story about an imaginary king named Rex who attempts to rule but finds he is unable to do so in any meaningful way when any of these conditions are not met.
Fuller contends that the purpose of law is to subject "human conduct to the governance of rules". The more closely a system is able to adhere to them, the nearer it will be to the rule-of-law ideal, though in reality all systems must make compromises and will fall short of perfect ideals of clarity, consistency, stability, and so forth.
In a review of The Morality of Law, Hart criticises Fuller's work, saying that these principles are merely ones of means-ends efficiency; it is inappropriate, he says, to call them a 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 not even a presumptive moral duty to obey them.Essays in Jurisprudence and Philosophy (English, Paperback) H.
A. Hart These essays, which cover a wide range of topics, were written by Professor Hart between and , and first appeared in a variety of different books and journals. Jan 13, · IMH__Le raisonnable en droit administratif"Le standard de rationalité dans la jurisprudence du Conseil d’Etat", Maryse Deguergue, Professeur de droit public, Université Paris 1 Panthéon-Sorbonne, Ecole de Droit de la Sorbonne.
Essays in Jurisprudence and Philosophy Paperback – 19 Jan "This book of essays reaffirms [Hart's] centrality to modern legal philosophy and will give aid to any reader interested in unraveling the complexities of the law's seamless web."--American Bar Foundation Research Journal. Jurisprudence Essay In Laws Empire Philosophy Essay. Print Reference this. Disclaimer: namely statutes, precedents and so forth. This is a sharp contrast from Hart’s rule of recognition. Dworkin believes that legal principles cannot be identified by simply referring to the rule of recognition (as posited by Hart). Philosophy Essay. Hart, Essays in Jurisprudence and Philosophy Fuller, The Morality of Law It has been said that all philosophy just amounts to ‘footnotes to Plato’. It could also be said that all modern jurisprudence just amounts to footnotes to the work of HLA Hart, Professor of Jurisprudence at Oxford University from to His book The.
This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.
Essays in Legal Philosophy Essays in Jurisprudence and Philosophy (*denotes of particular help) 1. What is jurisprudence? Hart CL.4* (the classic riposte to Hart’s minimum content theory).4*.) Hart’s Postscript: Essays on the Postscript to the Concept of Law () LRLT.
Documents Similar To Read Part A. Legal.
Herbert Lionel Adolphus Hart (18 July – 19 December ) was a British legal philosopher, and a major figure in political and legal philosophy. He was Professor of Jurisprudence at Oxford University and the Principal of Brasenose College, Oxford. His most famous work is The Concept of Law. Jurisprudence and legal theory is a compulsory module on the LLB course.
Jurisprudence poses the fundamental questions about the nature of law, its place in society and how a legal system operates as a system of rules and as a social institution engaging with ideals of .