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As a result of his debate with Devlin on the role of the criminal law in enforcing moral norms, Hart wrote Law, Liberty and Morality (1963) and The Morality of the Criminal Law (1965). In the first lecture in "The Enforcement of Morals", Devlin argued that "society means a community of ideas; without shared ideas on politics, morals and ethics ...
Natural law [1] (Latin: ius naturale, lex naturalis) is a system of law based on a close observation of natural order and human nature, from which values, thought by natural law's proponents to be intrinsic to human nature, can be deduced and applied independently of positive law (the express enacted laws of a state or society). [2]
An unjust law is no law at all (Latin: lex iniusta non est lex) is an expression in support of natural law, acknowledging that authority is not legitimate unless it is good and right. It has become a standard legal maxim around the world. This view is strongly associated with natural law theorists, including John Finnis and Lon Fuller. [1]
The Hart–Fuller debate is an exchange between the American law professor Lon L. Fuller and his English counterpart H. L. A. Hart, published in the Harvard Law Review in 1958 on morality and law, which demonstrated the divide between the positivist and natural law philosophy. Hart took the positivist view in arguing that morality and law were ...
Rawls' theory of justice rests on the belief that individuals are free, equal, and moral; he regarded all human beings as possessing some degree of reasonableness and rationality, which he saw as the constituents of morality and entitling their possessors to equal justice.
Natural law theories base human rights on a "natural" moral, religious or even biological order that is independent of transitory human laws or traditions. Socrates and his philosophic heirs, Plato and Aristotle, posited the existence of natural justice or natural right (δίκαιον φυσικόν dikaion physikon; Latin ius naturale).
Lon Luvois Fuller (June 15, 1902 – April 8, 1978) was an American legal philosopher best known as a proponent of a secular and procedural form of natural law theory. Fuller was a professor of law at Harvard Law School for many years, and is noted in American law for his contributions to both jurisprudence and the law of contracts.
Natural law, "whereby each one knows, and is conscious of, what is good and what is evil", which is the rational being's participation in the eternal law; [88] Human or temporal law, laws made by humans by necessity; [89] and; Divine law, which are moral imperatives specifically given through revelation. [90]