The Hart-Fuller Debate in the Twenty-First Century

Peter Cane

• Publisher: Hart Publishing
• Year: 2010
• Print ISBN:
  9781841138947
• Edition: 1
• eBook ISBN:
  9781847315656
• Topic: Law
• Subtopic: Jurisprudence
• Index: Law

This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration.

Table of contents

• Cover
• Prelims
• Preface
• Contents
• Contributors
• 1 Out of the ‘Witches’ Cauldron’?
• 2 Human Rights and the Rule of Law After Conflict
• 3 The Hart–Fuller Debate’s Silence on Human Rights
• 4 International Criminal Law and the Inner Morality of Law
• 5 On Visibility and Secrecy in International Criminal Law
• 6 The Hart–Fuller Debate, Transitional Societies and the Rule of Law
• 7 Legal Pluralism and the Contrast Between Hart’s Jurisprudence and Fuller’s
• 8 The Politics of Defining Law
• 9 Law as a Means
• 10 Comment on ‘Law as a Means’
• 11 Two Turns of the Screw
• 12 The Common Discourse of Hart and Fuller
• 13 How Norms Become Normative
• 14 Resentment, Excuse and Norms
• 15 Positivism and the Separation of Realists from their Scepticism
• 16 Legal Reasoning, the Rule of Law and Legal Theory
• Index