Legal Positivism (Stanford Encyclopedia of Philosophy), Hla thesis

Hla thesis

The Hart–Fuller debate is an exchange between Lon Fuller and H. L. A. Hart published in the Harvard Law Review in 1958 on morality and law, which demonstrated the divide between the positivist and natural law philosophy. Hart took the positivist view in arguing that morality and law were separate. Fuller's reply argued for morality as the source of law's binding power.

The term positivism is derived from ponere , positum , meaning, "to put". "Positive law" is that which is man-made, . , formally laid down. [2] [ citation needed ]

This simple doctrine in the nineteenth century has dominated English jurisprudence after it was propounded to the world by Austin. The utilitarian separation of law and morals enables lawyers to attain a new clarity. Sheldon Amos commented that Austin ‘have delivered the law from the dead body of morality that still clung to it'; and even Sir Henry Maine, who was always critical about Austin did not cast any doubts on this part of doctrine.

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Hart's theory provides an insight onto the “nature of law” as himself put it “the general framework of legal thought” as illustrated in his “The Concept of law” Hart claimed two important features of what law is and how valid law is to be identified. First, it is a descriptive rather than a morally or ethically evaluative project and second, it is a philosophical rather than a legal project. Hart's Theories offered a clear idea of the nature of present law besides his criticisms against Professor's John Austin's “command theory” to the expositions of weaknesses and incompatibility of Austin's theory with the contemporary legal system.

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The Nature of Law (Stanford Encyclopedia of Philosophy)

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