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Full-Text Articles in Law

Fuller And Godel: Prophets Against The Evils Of Positivism: How The Natural Law Is Necessary To Provide Legal Meaning And Consistency, Henry James Garon Nov 2013

Fuller And Godel: Prophets Against The Evils Of Positivism: How The Natural Law Is Necessary To Provide Legal Meaning And Consistency, Henry James Garon

LLM Theses

Gödel showed that formal systems which discuss natural numbers cannot be complete or prove their own consistency. Incompleteness in this sense is limited to formal systems, and so is not applicable to law by it own terms.

Looking to the philosophy behind the Incompleteness Theorem, Gödel intended to show that positivism was a bankrupt world-view, and this resonates strongly with Lon Fuller. Fuller is analogous to Gödel in his condemnation of the positivist philosophy because he showed that a system of rules, by itself, was not capable of rendering judgments. A legal system is dependent upon an external morality, but …


Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green Jun 2013

Nietzsche’S Place In Nineteenth Century German Philosophy, Michael S. Green

Michael S. Green

No abstract provided.


Hans Kelsen And The Logic Of Legal Systems, Michael S. Green Jun 2013

Hans Kelsen And The Logic Of Legal Systems, Michael S. Green

Michael S. Green

No abstract provided.