Fuller's and Hart's Argument

Fuller's and Hart's Argument

Introduction

Hart and Fuller distinguished and protected their theoretical models for the influence of others. The thesis argues that Fuller's argument that law has an inner morality is unsuccessful; his eight principles provide an important supplement to Hart's rule-based concept of law. This is because, this study intends to describe not only present but also verify the correctness and timeliness of internal moral law called by Fuller'. His theory was to be assumed by legal positivism and to know whether this approach is not to be branded as a concept suffers from theoretical penumbra with the concept of law (Fuller, 1964).

Famous controversy occurred between Hart and Fuller. It began with the publication in 1958, the article "Legal positivism and the separation between law and morality". That debate is still present and relationship to the rescue performed by many positivists of the relevance of the canons of internal moral law. Second, the debate demonstrated that the internal moral law is a necessary requirement, although not sufficient for a complete and viable conception of law. Fuller, in the first article that debates with Hart claims that the internal moral law was almost completely forgotten by him in his book "The Morality of Law", as well as in the article "A Reply to Critics”. In the second edition, Hart refers to the inner moral law nevertheless point that the treatment given by him to Oxford professor of this subject is substantially different from his because, for this, the nature and role of internal moral law has no relevance and relationship to the main questions of philosophy of law (Hart, 1968).

Fuller's and Hart's argument

Fuller called the internal morality of law and morality that makes law. In other words, the taxes make up these moral dimensions of morality. These dimensions introduced in the structure of law that are, from their perspective, an unavoidable aspect. It is also through the internal morality of law that Fuller achieved its goal of connecting the law and morality. Despite the importance of this finding, it must be said that the internal moral law presents another distinctive because it is also a procedural morality (Fuller, 1958). The internal morality of law is, according to Fuller, a procedural moral in the sense that its components are predominantly formal, i.e. they are requirements aimed at the legal rules in order to respect certain aspects or structural dimensions and they do not say respect to the material content thereof. In "Positivism and Fidelity to Law", Fuller points out, from a purely pathological view, some of the fees that make up the inner moral law using the example of the serious deterioration of these requirements and, therefore, what he believes that was indeed the law in Germany Nazi (Fuller, 1964).

According to Fuller, the conditions that make possible the law are graduated in degrees, from the highest level, one can imagine something like a legal utopia in which all perfectly legal norms are: 1) general, 2) stable and enduring in ...