It has been remarked that the ‘rupture thesis’ prevails within the Anglo-American legal academy in its understanding of the legal system in Nazi Germany. This article explores the existence and origins of this idea—that ‘Nazi law’ represented an aberration from normal legal-historical development with a point of rupture persisting between it and the ‘normal’ or central concept of law—within jurisprudential discourse in order to illustrate the prevalence of a distorted representation of Nazi law and how this distortion is manifested within (...) the discourse today. An analysis of the treatment of Nazi law in two major 50th anniversary publications about the 1958 Hart–Fuller debate, and a review of representations of the Third Reich within literature from the current discourse, demonstrates that the rupture thesis continues to be reproduced within jurisprudence. An examination of the role of Nazi law in the Hart–Fuller debate itself shows that it can be traced back to the debate, where it was constructed through a combination of conceptual determinism and historical omission. It concludes that the historical Nazi law has great significance for the concept of law, but neither positivism nor natural law has properly theorised the nature of the real Nazi legal system. (shrink)

When it comes to the metaethical task of explaining and making sense of what it is that we are doing while doing ethics, the subject of moral objectivity occupies an important and special place within that task. Thus, it is often agreed that being able to explain and justify the objective features of common moral practice is one of if not the most important task for any metaethical theory to undertake. In this dissertation, I tackle the issue of ethical objectivity (...) on behalf of metaethical constructivism. To be more precise, my aim is to make plausible, strengthen, and defend the constructivist original contribution to contemporary metaethics by developing a novel constructivist account on the objectivity of ethics. While the account that I develop herein presents a novel and independent approach to the subject of moral objectivity on behalf of constructivism, it also places itself between the two other positions within the constructivist camp that openly strive to secure ethical objectivity – namely Kantianism on the one hand, and the more recently developed Humean objectivist view on the other. It is for the latter reason that I call my own view the hybrid view. (shrink)