This paper will consider the philosophical question “Did the Nazi’s have Law?” by drawing off of H.L.A Hart’s conception of law. Hart, being a positivist, believes that law and morality are conceptually separate; law is simply what undergoes the judiciary installment and is enacted by the law-making agency of a society. He concludes that morality is a statement of values which are subjective, hence the reason they can’t be compared to the law which is a statement of facts. I shall argue that the Nazis did in fact have law because their rules had undergone the legislation process that Hart mentions, which left the German citizens with the option of either choosing between their legal duty to obey the law or their moral duty to not abet evil.
According to some, law is a system of rules that are enforced through social institutions to govern behavior by a collective legislature or by a single legislator. Hitler and his leadership imposed this ideology through their legislation, to fulfil his goals of racial purification in Germany. Nazi Germany was fixated on maintaining law and order. Their laws were established on the idea that all citizens must be subordinate to the state and its rulings. Germans were …show more content…
Fuller, being a Naturalist, stresses on the “morality of order,” rather than law being law itself. Fuller argues that law must represent human achievement so it is deserving of loyalty. Along with this, Fuller also says that law must be respected because it enshrines morality. “Law isn’t a command but grounds out of morality”. Through Fuller’s view the Nazis’ rules did not contain morality, so there essentially was no law. Fuller’s beliefs about what the law should: be made public, be prescribed, be clear and understandable, consistent, be reasonable, not require the impossible, and have official action it can be seen that the Nazi rules failed to comply with these principles, therefore are
According to some, law is a system of rules that are enforced through social institutions to govern behavior by a collective legislature or by a single legislator. Hitler and his leadership imposed this ideology through their legislation, to fulfil his goals of racial purification in Germany. Nazi Germany was fixated on maintaining law and order. Their laws were established on the idea that all citizens must be subordinate to the state and its rulings. Germans were …show more content…
Fuller, being a Naturalist, stresses on the “morality of order,” rather than law being law itself. Fuller argues that law must represent human achievement so it is deserving of loyalty. Along with this, Fuller also says that law must be respected because it enshrines morality. “Law isn’t a command but grounds out of morality”. Through Fuller’s view the Nazis’ rules did not contain morality, so there essentially was no law. Fuller’s beliefs about what the law should: be made public, be prescribed, be clear and understandable, consistent, be reasonable, not require the impossible, and have official action it can be seen that the Nazi rules failed to comply with these principles, therefore are