Honeste Vivere
Vol 33 No 2 (2023): July

SAHKAH HUKUM YANG BURUK SECARA MORAL ? PERDEBATAN ANTARA LON LUVOIS FULLER DAN H.L.A. HART

Petrus Bello (a:1:{s:5:"en_US"
s:29:"Universitas Kristen Indonesia"
})



Article Info

Publish Date
17 Jul 2023

Abstract

The concept of natural law, which was inherited by Thomas Aquinas, is still attractive. In the 20th century, his thoughts were re-examined and used as a basis by several legal philosophers, one of whom was Lon Luvois Fuller. Fuller is considered successful in actualizing Aquinas' thoughts in the realm of 20th century thought. Natural law is understood as a theory which states that law and morality have an absolute relationship (necessary relation); that the validity of law (rules, precedent, judge's decision) depends on its conformity with morality. The absolute link between law and morality according to Fuller is evident in the procedures that apply in the contemporary legal system which according to him reflects moral principles or legal morality. Fuller's thoughts were met with strong resistance from H.L.A. Hart stated that the moral principles according to Fuller are legal morality not as moral principles, but as legal principles.

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Journal Info

Abbrev

hv

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Honeste Vivere is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in multiple governance policies and civil rights law, particularly in developing and emerging countries. These may include but are not limited to various ...