Skip to main content

The Fuller-Hart Debate: Law, Morality, and Legal Positivism

The Fuller-Hart Debate: Law, Morality, and Legal Positivism

Save this reading to your study set

Sign up free

In the study of jurisprudence, one of the most enduring questions is whether "law" can be defined purely by its structure and authority, or whether it is inextricably tied to moral values. This question lies at the heart of the debate between legal positivism and natural law theory. While positivists argue that a rule is "law" simply because it was enacted by a legitimate authority, critics like Lon L. Fuller suggest that the very nature of a legal system requires a commitment to certain moral and procedural standards.

The Positivist Stance and the Separation Thesis

Legal positivism is built upon the "separation thesis"—the idea that the definition of law is distinct from its moral merit. According to this view, a law can be valid even if it is profoundly unjust, provided it meets the formal criteria of a recognized legal system (such as being passed by a legislature or following a "rule of recognition").

The most famous modern articulation of this tension occurred in the debate between H.L.A. Hart and Lon L. Fuller regarding the "Grudge Informer" case. In this post-war West German case, a woman had used a Nazi statute to report her husband for insulting Hitler, leading to his imprisonment. When she was later prosecuted for her role in his suffering, the court had to decide: was the Nazi statute a "valid law" despite its cruelty?

Hart argued that the Nazi statute was indeed valid law because it fulfilled the formal requirements of the regime, even if it was morally reprehensible. From a positivist perspective, to deny its status as law would be to confuse "what law is" with "what law ought to be".

Keep reading for free.

Create an account to finish this reading and make it part of your study routine.

Continue reading free

Already have an account? Log in

Updated

Study it your way.

Import this reading into your study set to get started with another study mode.

Make it your own.

Keep this reading in a new study set, or add it to one you already use.