PHLB11H3 Lecture Notes - Lecture 3: Lon L. Fuller, Divine Law, Socalled

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21 Apr 2013
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Lon luvois fuller was professor of law at harvard university. This week"s readings are two texts by lon fuller: an excerpt from the morality of law (1969, an excerpt from positivism and fidelity to law a reply to prof. hart (1958) An account (like hart"s) will either be: incomplete, i. e. missing something essential in its account of law, or, concealing a hitherto unknown morality, but under another name or unobserved. Believes that the validity/existence conditions for law will (necessarily) include some moral criteria. In other words: a full account of the nature and function of law is not possible without including a moral account. Ex: 1944- west german court stated that there was no law, morally outrageous (saint) thomas aquinas. But for aquinas (and not for fuller), natural law is the moral law. Aquinas: to be moral to act in conformity with our nature, or with nature itself. To be a good person, we must act within our nature.

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