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Discussion

To which of the following concepts, the Hart-Fuller debate relates to :

  • A.Personality
  • B.Right
  • C.Morality
  • D.Justice

Answer: C

The Hart-Fuller debate relates to morality.

The 1958 exchange in the Harvard Law Review between H.L.A. Hart ('Positivism and the Separation of Law and Morals') and Lon Fuller ('Positivism and Fidelity to Law') was about the relation between law and morality. Hart defended the positivist separation of law as it is from law as it ought to be. Fuller argued that law has an inner morality, so that a grossly evil regime such as Nazi Germany may fail to produce law at all. The post-war German grudge informer cases were their test.

Personality, rights and justice were not the subject of the debate.

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