Work

The Hart‐Fuller Debate

Year: 2014

Type: article

Abstract: I will center the discussion of the Hart‐Fuller debate on the five claims Hart mentions might be understood as legal positivisms 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.

Source: Philosophy Compass

DOI: 10.1111/phc3.12096

Author: Juan Vega Gomez

Institution: Universidad Nacional Autónoma de México

Language: English

Topic: Comparative constitutional jurisprudence studies

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: green

OpenAlex ID: W1648109666

FWCI: 4.319

Cites: 19

Cited by: 13

Related to: 10