Natural Law & Positivism: The Hart-Fuller Debate

A set of vocabulary flashcards based on the Hart-Fuller debate and concepts of legal philosophy.

Hart-Fuller Debate

A significant intellectual exchange in legal philosophy regarding the nature of law and its relationship with morality, involving H.L.A. Hart and Lon L. Fuller.

Legal Positivism

The belief that law is a system of rules created and enforced by a sovereign authority, with law's validity determined by its sources rather than its moral content.

Natural Law Theory

The theory that law is intrinsically connected to moral principles, meaning that valid laws must align with inherent moral values.

Rule of Recognition

The rule by virtue of which a community recognizes that a specific rule is binding as law.

Moral Validity

The concept that a legal system's authority is dependent on its alignment with moral principles.

Internal Morality of Law

The idea proposed by Fuller that law must adhere to moral standards to be considered legitimate.

Apartheid Laws

Legal statutes enacted in South Africa that enforced racial segregation and discrimination, often seen as legally valid under positivism but morally unacceptable under natural law.

Rivonia Trial

The trial during which Nelson Mandela and others were charged for their anti-apartheid activities, where natural law ideals were articulated.

Bram Fisher

Nelson Mandela's defense attorney who also emphasized a natural law approach in opposition to unjust laws.

Legal Authority

The legitimacy and power of legal systems to enforce laws, which may be questioned if laws violate moral principles.