Jump to ContentJump to Main Navigation
Law as a Moral Idea$
Users without a subscription are not able to see the full content.

Nigel Simmonds

Print publication date: 2008

Print ISBN-13: 9780199552191

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199552191.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 December 2021

Evil Regimes and the Rule of Law

Evil Regimes and the Rule of Law

(p.69) 3 Evil Regimes and the Rule of Law
Law as a Moral Idea

N.E. Simmonds

Oxford University Press

Ron Fuller distinguished the ‘inner’ morality of the law from it's ‘outer’ morality, with a concern for the former tending to flow over into a concern for the latter, which was represented, by among other things, the substantive justice or injustice of the law. HLA Hart appeared to support Fuller's criticism of positivism by agreeing that it may be accepted that there was a necessary connection between law and morality, stating that the law was unfortunately compatible with great iniquity. This position was controversial as Hart was a leading proponent of positivism, which he spoke of as denying the existence of necessary connections between law and morals. The author argues however, that since Hart tended to equate this with a denial of any connection between Law As It Is and Law As It Ought To Be, this seeming concession could be viewed ironically to show that Hart's agreement was actually a suggestion that Fuller's Desiderata were not constitutive of any moral virtue in law.

Keywords:   Ron Fuller, Desiderata, HLA Hart, positivism, outer morality, moral virtue, inner morality

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .