The moral structure of legal systems - part 1: positivism versus natural law
Contributor(s): Dr Kristen Rundle
Released on 4 June 2010.
Is law inherently moral or does Nazi law provide tragic proof that law has no intrinsic moral worth?
For Positivists, such as H L A Hart, the systemic integrity of a legal code says nothing about its content – the law is simply whatever is put forward by lawgivers. In contrast natural lawyers, notably Lon Fuller, insist that the way law is expressed carries moral significance for those who are subject to it.
In this film Dr Kristen Rundle, from the Department of Law, explains why the Hart- Fuller debate, begun in the Harvard Law Review in 1958, has never really gone away.
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