David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Modern Schoolman 49 (May):295-317 (1972)
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|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
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 J. Bennett (2011). Hart and Raz on the Non-Instrumental Moral Value of the Rule of Law: A Reconsideration. [REVIEW] 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.
Lon L. Fuller (1978). The Law in Quest of Itself: Being a Series of Three Lectures Provided by the Julius Rosenthal Foundation for General Law, and Delivered at the Law School of Northwestern University at Chicago in April, 1940. Ams 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.
Added to index2012-01-05
Total downloads47 ( #42,805 of 1,681,622 )
Recent downloads (6 months)4 ( #60,297 of 1,681,622 )
How can I increase my downloads?