Hart-Fuller Debate in the Twenty-First Century

This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate and re-think them in the light of social, political and intellectual developments in the past 50 years and changed ways of understanding law and other normative systems. This collection looks forward rather than backward using the debate as a point of departure and inspiration.

1. Out of the 'Witches' Cauldron'? Reinterpreting the Context and Reassessing the Significance of the Hart-Fuller Debate Nicola Lacey 2. Human Rights and the Rule of Law After Conflict Hilary Charlesworth 3. The Hart–Fuller Debate's Silence on Human Rights Karen Knop 4. International Criminal Law and the Inner Morality of Law Larry May 5. On Visibility and Secrecy in International Criminal Law Christopher Kutz 6. The Hart–Fuller Debate, Transitional Societies and the Rule of Law Martin Krygier 7. Legal Pluralism and the Contrast Between Hart's Jurisprudence and Fuller's Jeremy Waldron 8. The Politics of Defining Law Margaret Davies 9. Law as a Means Leslie Green 10. Comment on 'Law as a Means' Anthony J Sebok 11. Two Turns of the Screw Desmond Manderson 12. The Common Discourse of Hart and Fuller Ngaire Naffine 13. How Norms Become Normative Philip Pettit 14. Resentment, Excuse and Norms Richard H McAdams 15. Positivism and the Separation of Realists from their Scepticism: Normative Guidance, the Rule of Law and Legal Reasoning Gerald J Postema 16. Legal Reasoning, the Rule of Law and Legal Theory Brian H Bix