ABSTRACT

A discussion, which began in the late 1950s between Hart and Fuller, highlights some of the fundamental differences between the legal positivists and advocates of natural law. Essays by Hart and Fuller, which appeared in the Harvard Law Review 1958, set out their reactions to certain events in Germany following the end of the Second World War, which appeared to revive the question of the links between law and morality. Fuller took the general view that law and morality must not be separated and that a law which is totally divorced from morality ceases to be ‘law’. Hart insisted that the law is the law even though it may not satisfy the demands of morality.