PP213 Study Guide - Midterm Guide: Naturalistic Fallacy, On The Heavens, Legal Positivism
Document Summary
Recap: hart vs fuller debate (fullers morality and harts response) Hart said fuller was conflating (getting mixed up) the fairness of administration of the law with fairness of content of the law. But hart mixed up managerial efficacy with the rule of law. Also says that there is a minimum moral content. When we look at the purpose of legal and moral system, there are certain foals that they are there to resolve (influenced by hobbes) Given the kinds of beings that we are, there are certain problems that need to be dealt with (i. e. on the basis of self-interest, these systems must be working in order to be considered functional. Hart means that in terms of the aristotelian model, we call our goal of survival something metaphysically built into the world but really it"s just our human desire (good) He does not want to commit the naturalistic fallacy (according to g. e.
