JLC-110 FA2 Lecture Notes - Lecture 16: Harvard Law Review
22 Nov 2016
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Debates between hart, fuller, and dworkin11/22/2016 8:33:00 pm. Hart was a positivist and that there"s no necessary connection between law and morality: 2 prongs of the separation thesis: Fuller argues that there is an internal morality of law : internal morality=procedural morality. Mere respect for constitutional authority cannot be confused with fidelity to law: through 8 principles of legality. Allegory- king rex fails in 8 ways to make laws. Decides that he"s not going to make general, universal rules. Fails to publicize laws (because he"s not confident in them) Odious primarily because it is unfair to impose burdens back in time. There"s a matter of degree in this argument. Irrelevant laws have to be changed frequently to catch up with times. Total failure in any of these eight areas results in the entirety of a legal system being discounted as a whole.
