Essay about The Hart Fuller : The Case Of Apartheid

792 Words Nov 23rd, 2015 4 Pages
The Hart-Fuller debate published in the Harvard Law Review was a first attack to Fuller’s theories by Professor Hart, an influential positivist at the time. He brought up the case of Apartheid as mentioned above and also the problem of the Nazi Regime, contending that both of the legal system contains valid laws on a positivist view. Fuller rejects this argument by saying they were using law as an “instrument of an arbitrary and tyrannical dictatorship” and such laws should be considered invalid. These views are then shown further when Hart discussed on the dilemma of “The Grudge Informer” proposed by Fuller. The Grudge Informer tells a fictitious story of a state newly overturned from an unethical regime, one that bears resemblance with the Nazi Germany. A wife of a German reported her husband for talking bad about the authority so that he was captured and killed in order to get rid of him. It was law at the time of the unethical regime to give death penalties for such crime, but after the state has been overthrown, the wife has been captured for telling on her husband. She argued that she was not guilty as it was law at the time, but was otherwise convicted as the statute that was based under breaches the “the sound conscience and sense of justice of all decent human beings”. Hart responded by presenting a choice of a more logical solution to him, which is to let the wife go unpunished, or apply a retroactive law to punish her. Both have great consequences attached to it…

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