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The moral structure of legal systems: positivism versus natural law


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Is law inherently moral or does Nazi law provide tragic proof that law has no intrinsic moral worth?

For Positivists, such as H L A Hart, the systemic integrity of a legal code says nothing about its content – the law is simply whatever is put forward by lawgivers. In contrast natural lawyers, notably Lon Fuller, insist that the way law is expressed carries moral significance for those who are subject to it.

In this film Dr Kristen Rundle, from the Department of Law, explains why the Hart- Fuller debate, begun in the Harvard Law Review in 1958, has never really gone away.

Length: 6 minutes 45 seconds.
Released: 4 June 2010.

Related link

See part 2 of The moral structure of legal systems: an insurance against tyranny?|

Experts link

For full details of Dr Kristen Rundle’s research, see her web page: Kristen Rundle|

An article about Kristen Rundle’s work on law and the holocaust can be seen in Research Highlights|

Department link

For more details on the Department of Law| see their website

Source: The London School of Economics and Political Science http://www2.lse.ac.uk/newsAndMedia/videoAndAudio/publicEventsVideos/publicEventsVideosPrevious.aspx

The moral structure of legal systems – part 1: positivism versus natural law

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