The “War” Between Natural Law Philosophy and Legal Positivism

Idealistic Studies 4 (2):145-155 (1974)
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The war between natural law philosophy and legal positivism is an ancient one. For a time the stunning victories of Bentham and Austin virtually drove the forces of natural law from the battlefield. However, upon the collapse of Germany and Japan at the end of the Second World War, natural law became a useful tool in attempting to resolve the practical difficulties of trying war criminals. This fact and the rise of two able antagonistic generals, H. L. A. Hart and Lon Fuller, have sparked a new series of battles.



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