That Law cannot be built on law (L. Fuller, Positivism and Fidelity to Lawa reply to professor Hart (1958)71Harvard Law Review630, at p. 645).
Discuss with reference to both Hart and Dworkin.Context of the essay:In short the essay will be about positivist and interpretive law theories.Professor Hart is a positivist law theorist, and Dworkin is an interpretive/natural law theorist. Dworkin first rejected Hart’s arguments in his book ‘Law’s empire’ to which professor Hart replied to in the postscript of his book ‘Concept of law’. Fuller (mentioned in the essay question) is a natural law theorist and also disagrees with Hart. The quotation that “law cannot be built on law” is a generic rebuke of positivist accounts of law that hold that law is simply what is institutionally recognised as law, such as Hart’s concept of law as the union of primary and secondary rules. The quotation is designed to give the choice as to how to respond to it, whether agreeing with the quotation and the natural law theory with use of sources (Dworkin, Fuller etc), OR agreeing with Hart’s Positivist law theory, OR finding both interpretive/natural and positivist theories persuasive.
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