The Hart-Fuller Debate in the Twenty-First Century

by Peter Cane (Editor)

Overview

This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration.

Product Details

ISBN-13:	9781847317575
Publisher:	Bloomsbury Publishing
Publication date:	02/16/2010
Sold by:	Barnes & Noble
Format:	eBook
Pages:	360
File size:	765 KB

About the Author

Peter Cane is Professor of Law at Christ's College, Cambridge.
Peter Cane is a Senior Research Fellow at Christ's College, Cambridge. He was previously Distinguished Professor of Law at the Australian National University College of Law, and before that a Professor of Law at Corpus Christi College, Oxford. He is the author of numerous books on law, including Atiyah's Accidents, Compensation and the Law (8th ed, 2013), Responsibility in Law and Morality (2003), The Anatomy of Tort Law (1997), Tort Law and Economic Interests (2nd ed, 1996), and Administrative Law (5th ed, 2011).

Table of Contents

1. Out of the 'Witches' Cauldron'?
Reinterpreting the Context and Reassessing the Significance of the Hart-Fuller Debate
Nicola Lacey
2. Human Rights and the Rule of Law After Conflict
Hilary Charlesworth
3. The Hart-Fuller Debate's Silence on Human Rights
Karen Knop
4. International Criminal Law and the Inner Morality of Law
Larry May
5. On Visibility and Secrecy in International Criminal Law
Christopher Kutz
6. The Hart–Fuller Debate, Transitional Societies and the Rule of Law
Martin Krygier
7. Legal Pluralism and the Contrast Between Hart's Jurisprudence and Fuller's
Jeremy Waldron
8. The Politics of Defining Law
Margaret Davies
9. Law as a Means
Leslie Green
10. Comment on 'Law as a Means'
Anthony J Sebok
11. Two Turns of the Screw
Desmond Manderson
12. The Common Discourse of Hart and Fuller
Ngaire Naffine
13. How Norms Become Normative
Philip Pettit
14. Resentment, Excuse and Norms
Richard H McAdams
15. Positivism and the Separation of Realists from their Scepticism: Normative Guidance, the Rule of Law and Legal Reasoning
Gerald J Postema
16. Legal Reasoning, the Rule of Law and Legal Theory
Brian H Bix

Editorial Reviews

... the ideal entrance point into the famous debate between H.L.A. Hart and L. Fuller.

The aim of Cane's edited collection is twofold: the chapters grapple with the debate on its own terms,
while extracting lessons for the modern world. The book is remarkably successful at both tasks

This book promises to be a source of questions for the curious minds of all philosophical persuasions.” —Margaret Martin, Ethics

From the Publisher