The Hart-Fuller Debate
Gomez, J. V. (2014), The Hart-Fuller Debate. Philosophy Compass, 9: 45–53. doi: 10.1111/phc3.12096
12 Pages Posted: 28 May 2016
Date Written: January 1, 2014
I will center the discussion of the Hart-Fuller debate on the five claims Hart mentions might be understood as legal positivism main tenets: (1) the command theory; (2) the no necessary connection thesis; (3) the methodological claim; (4) the charge of positivism as formalism and the problem of interpretation; and (5) the meta-ethical confusion. In light of these five claims, I will explore whether the exchange of views between Hart and Fuller in 1957 truly amounted to a debate. Sorting out this issue is the aim of this article.
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