Positive and Natural Law Revisited
The Modern Schoolman 49 (May):295-317 (1972)
| Abstract | The debate between Lon Fuller and HLA Hart on the nature of law rests on two views on the connection between law and having a reason for action. Fuller's assumes that to say that something is a law is by itself reason-providing; Hart's view must deny this. If we can identify whether something is a law purely by descriptive criteria, then for something to be a law should not by itself provide an agent with any reason for action, however weak. | |||||||||
| Keywords | natural law positive law HLA Hart reasons for action | |||||||||
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Leslie Green (2008). Positivism And The Inseparability Of Law And Morals. New York University Law Review 83:1035--1058.
Philip Schofield (2011). Jeremy Bentham and HLA Hart's 'Utilitarian Tradition in Jurisprudence'. Jurisprudence 1 (2):147-167.
Georg Wilhelm Friedrich Hegel (1975). Natural Law: The Scientific Ways of Treating Natural Law, its Place in Moral Philosophy, and its Relation to the Positive Sciences of Law. University of Pennsylvania Press.
C. Fred Alford (2010). Narrative, Nature, and the Natural Law: From Aquinas to International Human Rights. Palgrave Macmillan.
John Gardner (2012). Law as a Leap of Faith: Essays on Law in General. Oxford University Press.
Leon Petrażycki (2010). Law and Morality. Translation Publishers.
John Gardner (2011). Hart on Legality, Justice and Morality. Jurisprudence 1 (2):253-265.
Mark Bennett (2011). Hart and Raz on the Non-Instrumental Moral Value of the Rule of Law: A Reconsideration. Law and Philosophy 30 (5):603-635.
Owen J. Anderson (2012). The Natural Moral Law: The Good After Modernity. Cambridge University Press.
Mark C. Murphy (2006). Natural Law in Jurisprudence and Politics. Cambridge University Press.
Henrik Syse (2007). Natural Law, Religion, and Rights: An Exploration of the Relationship Between Natural Law and Natural Rights, with Special Emphasis on the Teachings of Thomas Hobbes and John Locke. St. Augustine's Press.
Roger A. Shiner (1992). Norm and Nature: The Movements of Legal Thought. Oxford University Press.
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