Natural Law Commons^™

Legal Positivism And The Natural Law: The Controversy Between Professor Hart And Professor Fuller, George Breckenridge

Vanderbilt Law Review

Professor Hart defends legal positivism and Professor Fuller sets out his view of the natural law. Perhaps it would be more accurate to say that Fuller is against positivism and Hart against natural law. Each is an untypical representative of the varied traditions that bear these names. Each is, at the same time, because of his radical restatement and defense of his positions, probably the most reasonable and least extreme antagonist. In this dialogue, if anywhere, we are likely to discover the true issues and the common ground, if any, between the two positions. In fact each concedes, frankly or …