PHIL 3040 Lecture Notes - Lecture 10: Lon L. Fuller, Counterpoint, Sui Generis
26 Oct 2018
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Fuller wants to refute hart"s thesis that maintains a rigid separation between law and morality. In his view, hart aligns himself with many positivist theorists whose idea of law differed. Fuller insists that when it comes to the matter of obligation or fidelity to law it is important how law is defined. Fuller also charges that both harts and his positivist predecessors faild to define morality as what is to be kept apart from law. Fuller charges that hart there seem to be immoral systems of morality, or bad accounts of what ought to be . The foundation of law: fuller argues that for hart law is grounded not in coercive power but in certain fundamental, accepted rules that specify the essential law making procedures. The practical consequence of this negligence is that positivism cannot, on fuller"s view, account for the ideal of fidelity of law.
