A Thomistic Analysis of the Hart-Fuller Debate
In 1958, the Harvard Law Review published a now-famous debate between H. L. A. Hart and Lon Fuller regarding the proposed connection between law and morality. Whereas Hart defended a broadly positivist conception of law, Fuller advanced a kind of natural law theory that has greatly influenced judici...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
[publisher not identified]
[2015]
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| In: |
Proceedings of the American Catholic Philosophical Association
Year: 2015, Volume: 89, Pages: 277-286 |
| IxTheo Classification: | KAE Church history 900-1300; high Middle Ages KAJ Church history 1914-; recent history KBQ North America KDB Roman Catholic Church NCA Ethics XA Law |
| Further subjects: | B
Ethics
B Positivism B Natural Law B THOMAS, Aquinas, Saint, ca. 1225-1274 B LAW reviews |
| Online Access: |
Volltext (doi) |
| Summary: | In 1958, the Harvard Law Review published a now-famous debate between H. L. A. Hart and Lon Fuller regarding the proposed connection between law and morality. Whereas Hart defended a broadly positivist conception of law, Fuller advanced a kind of natural law theory that has greatly influenced judicial interpretation in the United States. This paper examines the debate and provides a commentary in light of the natural law theory of Thomas Aquinas. Whereas it is not surprising that Aquinas would reject the central tenets of Hart's positivism, it also appears he would have deep misgivings about the position defended by Professor Fuller, and particularly Fuller's understanding of how laws should be interpreted in light of morality. |
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| ISSN: | 2153-7925 |
| Contains: | Enthalten in: American Catholic Philosophical Association, Proceedings of the American Catholic Philosophical Association
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| Persistent identifiers: | DOI: 10.5840/acpaproc2016112150 |