RT Article
T1 A Thomistic Analysis of the Hart-Fuller Debate
JF Proceedings of the American Catholic Philosophical Association
VO 89
SP 277
OP 286
A1 Koritansky, Peter Karl 1974-
LA English
YR 2015
UL https://www.ixtheo.de/Record/157819086X
AB In 1958, the Harvard Law Review published a now-famous debate between H. L. A. Hart and Lon Fuller regarding the proposed connection between law and morality. Whereas Hart defended a broadly positivist conception of law, Fuller advanced a kind of natural law theory that has greatly influenced judicial interpretation in the United States. This paper examines the debate and provides a commentary in light of the natural law theory of Thomas Aquinas. Whereas it is not surprising that Aquinas would reject the central tenets of Hart's positivism, it also appears he would have deep misgivings about the position defended by Professor Fuller, and particularly Fuller's understanding of how laws should be interpreted in light of morality.
K1 Ethics
K1 LAW reviews
K1 Natural Law
K1 Positivism
K1 THOMAS, Aquinas, Saint, ca. 1225-1274
DO 10.5840/acpaproc2016112150