Positivism and fidelity to law: A reply to professor Hart

Abstract

Rephrasing the question of “law and morals” in terms of “order and good order,” Professor Fuller criticizes Professor H. L. A. Hart for ignoring the internal “morality of order” necessary to the creation of all law. He then rejects Professor Hart’s theory of statutory interpretation on the ground that we seek the objectives of entire provisions rather than the meanings of individual words which are claimed to have “standard instances.”