Discuss the opposing views of Fuller and Hart Flashcards
1
Q
What did they differ views in
A
Legal philosophy, particularly on the context of legal positivism and the separation of law and morality
2
Q
What is Hart often associated with
A
Legal positivism
3
Q
What is legal positivism
A
Separates law from morality
4
Q
according to hart, what is the legal system determined by
A
The acceptance of rules by a society and the recognition of legal authority
5
Q
What is law according to Hart
A
A social phenomenon , its validity not contingent with moral content
6
Q
What did Fuller criticise
A
The strict separation of law and morality proposed by legal positivism
7
Q
What did Fuller argue a legitimate system needs
A
A certain moral criteria
8
Q
What principles should the legal system embody according to Fuller
A
Clarity, consistency
9
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