PHL271H1 Chapter Notes - Chapter 67-95: Basic Norm, Positivism, Positive Law
Document Summary
Lon l. fuller, positivism and fidelity to law a. Fuller takes hart as advancing in a positivist position that seeks to make sense of law as a moral project. Fuller takes hart"s position to be flawed and thus he sketches an alternative--> internal morality of law. Fuller accused positivism to have a "managerial" view of law-->law is conceived as a "one-way projection of authority, originating with government and imposing itself on the citizen" Internal morality of law consists in eight principles: generality, publicity, non- retroactivity, clarity, non-contradiction, possibility of compliance, constancy through time, and congruence between declared rule and official action. Hart"s argument suffers a contradiction: on one hand, he rejects any confusion between what law is and ought to be. On the other, he seemed to warn that if we don"t mend our ways of thinking and talking, we will lose a "precious moral ideal", that of fidelity to law.
