A critical comparative study of Hart and Fuller's debates on the connection between law and ethics

Articles in Press

Document Type : Research Paper

Authors

1 Associate Professor, Department of Philosophy of Law, Bagheral Uloom University, Qom, Iran

2 Ph.D. student of Philosophy of Law, Faculty of Philosophy, Bagheral Uloom University, Qom, Iran

Abstract

Many believe that the most important book written in the modern era in the philosophy of law is Hart's "Concept of Law", some of the most important early ideas of this book are related to the breathtaking debate that Hart had with Fuller, the resonance of this debate not only in the book Hart can be felt in all contemporary legal philosophy. This debate was formed through two articles and a book by Hart and an article and a book and an appendix of the book by Fuller. And ideas have become obsolete. In this article, after giving a historical introduction, we have briefly reviewed the ups and downs between these two philosophers and lawyers. As we will see, in some issues Hart's arguments and in some Fuller's arguments seem more convincing, in some issues the arguments of both are convincing enough and the dispute continues between the supporters of both.

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Comparative Law Review

Articles in Press, Accepted Manuscript
Available Online from 18 June 2024

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