Скачать или смотреть JurisQuestHub Episode 4:Why Legal Theory Matters: Hart Vs Fuller Debate on Nazi Law

Were Nazi legislations real law?
This episode explores the importance of legal theory through the influential Hart–Fuller debate. Focusing on the example of Nazi law, it examines whether law can be separated from morality.

H.L.A. Hart argues that laws are valid if they are properly enacted, even if they are unjust, while Lon Fuller maintains that law must satisfy basic moral and procedural principles to be considered genuine law. The episode highlights how legal theory as an important facet of jurisprudence, shapes judicial reasoning, legal responsibility, and modern law.

Recommended Readings
1. HLA Hart, ‘Positivism and the Separation of Law and Morals’ (1958) 71 Harvard Law Review 593.
2. Lon L Fuller, ‘Positivism and Fidelity to Law: A Reply to Professor Hart’ (1958) 71 Harvard Law Review 630.