Munir on The Necessary Connections Between Law and Morality: Assessing the Hart-Fuller Debate

Muhammad Munir, International Islamic University, Islamabad, Department of Law, has published The Necessary Connections between Law and Morality: Assessing the Hart-Fuller Debate. Here is the abstract,

This work examines Hart’s argument that law and morality are totally separate from each other. It discusses Hart’s views on whether there are some necessary connections between law and morality; what is the minimum content of natural law for Hart? What is Hart’s methodology regarding the grudge Nazi informer case? Would Hart’s methodology regarding the grudge Nazi informer case make any difference as far as the outcome of the case is concerned? What are Lon Fuller’s eight conditions of inner morality? What are Fuller’s arguments in support of the view that law and morality are inseparable? How did Hart respond to Fuller’s eight conditions of inner morality? The main findings of this work are that Hart believes that the necessary connection between law and morality is that both have common terminology as well as content but it does not mean that morality has influenced law. Hart argues that any legal system must have the minimum content of natural law in order to be good. He invokes a moral principle to justify his methodology regarding the grudge Nazi informer case and to tell the naturalists that they are wrong. Fuller argues that there are eight conditions or principles of inner morality in making a law that must be satisfied by every legal system. He mentions that no compliance with any principle of inner morality means that there is no legal system, however, complete compliance may be difficult in practice. Hart’s rejection of Fuller’s position is absurd and unacceptable.

Download the paper from SSRN at the link.