Chapter

Evil Regimes and the Rule of Law

N.E. Simmonds

in Law as a Moral Idea

Published in print August 2008 | ISBN: 9780199552191
Published online March 2012 | e-ISBN: 9780191701597 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199552191.003.0003
Evil Regimes and the Rule of Law

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Ron Fuller distinguished the ‘inner’ morality of the law from it's ‘outer’ morality, with a concern for the former tending to flow over into a concern for the latter, which was represented, by among other things, the substantive justice or injustice of the law. HLA Hart appeared to support Fuller's criticism of positivism by agreeing that it may be accepted that there was a necessary connection between law and morality, stating that the law was unfortunately compatible with great iniquity. This position was controversial as Hart was a leading proponent of positivism, which he spoke of as denying the existence of necessary connections between law and morals. The author argues however, that since Hart tended to equate this with a denial of any connection between Law As It Is and Law As It Ought To Be, this seeming concession could be viewed ironically to show that Hart's agreement was actually a suggestion that Fuller's Desiderata were not constitutive of any moral virtue in law.

Keywords: Ron Fuller; Desiderata; HLA Hart; positivism; outer morality; moral virtue; inner morality

Chapter.  20920 words. 

Subjects: Jurisprudence and Philosophy of Law

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