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LEGAL POSITIVISM AND NATURAL LAW Three lectures by the Harvard Law
School professor examine legal positivism and natural law. In the
course of his analysis Fuller discusses Kelsen's theory as a
reactionary theory and Hobbes' theory of sovereignty. He defines
legal positivism as the viewpoint that draws a distinction "between
the law that is and the law that ought to be" and interprets
natural law as that which tolerates a combination of the two. He
looks at the effects of positivism's continued influence on
American legal thinking and concludes that law is necessary in a
democracy as a principle of order. LON L. FULLER 1902-1978] was a
professor at Harvard Law School and is remembered for his
contributions to the law of contracts. His debate with H.L.A. Hart
in the 1958 Harvard Law Review (Vol. 71) is noteworthy because it
provided the framework for subsequent debates about legal
positivism and natural law.
"Among the important books in the history of American legal
philosophy. It includes insights into the relations between
morality and law, and advances a theory of law of great practical
relevance. . . . [This] is the best discussion of the demands of
the rule of law in existing literature."-Robert S. Summers, Journal
of Legal Education "Throughout this profound, imaginative and
keenly analytical work, [Fuller] demonstrates his continuing
concern with the tension in morality and law between the 'is' and
the 'ought'. . . . A book of ideas should . . . provoke and
contribute new thoughts. This book does both."-Barry R. Mandelbaum,
New York Law Forum In this classic work the legal philosopher Lon
L. Fuller explores the relationship between law and morality,
distinguishing between the morality of duty and the morality of
aspiration.
LEGAL POSITIVISM AND NATURAL LAW Three lectures by the Harvard Law
School professor examine legal positivism and natural law. In the
course of his analysis Fuller discusses Kelsen's theory as a
reactionary theory and Hobbes' theory of sovereignty. He defines
legal positivism as the viewpoint that draws a distinction "between
the law that is and the law that ought to be" and interprets
natural law as that which tolerates a combination of the two. He
looks at the effects of positivism's continued influence on
American legal thinking and concludes that law is necessary in a
democracy as a principle of order. LON L. FULLER 1902-1978] was a
professor at Harvard Law School and is remembered for his
contributions to the law of contracts. His debate with H.L.A. Hart
in the 1958 Harvard Law Review (Vol. 71) is noteworthy because it
provided the framework for subsequent debates about legal
positivism and natural law.
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