Hart And The Nazi Regime Summary

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Hart considers that a legal system is effective even though it is unjust or immoral. The Nazi regime is the best example in this point. Nazi Regime discriminates individual on racial grounds. According to Hart, Nazi regime was valid legal system. Hart give emphasize on the statement that the question of what is law must be separated from the question of whether it is just or moral.
On the other hand, natural law theorist Fuller believes that law and morality cannot be distinguished neatly and that the post-second world war courts were entitled to hold Nazi rules not to be law. According to Fuller, Nazi regime were an instrument of arbitrary and tyrannical regime. It is false description to call Nazi system ‘legal’ and its rules are law.
The …show more content…

For if me adopt the courts course and asserts that “certain rules cannot be law because of their moral inquiry”, we, “confuse one of the most powerful because it is the simplest, forms of moral criticism”. Rather, we should “speak plainly” and say that “laws may be laws but too evil to be obeyed”. Radbruch criticized the positivist and stated that positivism allows Nazi regime and view that “extreme injustice is no law”. But Hart accuses Radbruch and stated that the people like Germans should believe that law might be law even if it failed to comply with the minimum requirements of …show more content…

According to him, question of the validity of laws does not depend on the content of the morality. Hart quotes Austin’s command theory and stated that the man who is convicted of a crime punishable by death even if it was beneficial or trivial when he did it.
In contrast to Hart, Fuller argued that attention to the “internal morality of law” would have helped German lawyers before the war maintain their fidelity to the ideal of law. After the war, German judges could have focused on the deterioration of legality.
Fuller rejects Hart’s theory and stated that the law is too evil to be obeyed is wrong headed. When a court refused to admit a particular law “moral confusion reaches its height”. Fuller said that the situation of ‘drastic emergency’ has not been taken by Hart. Fuller thought that Radbruch’s new position after the war is the clear vision of indifference to the internal morality of law in Germany. Fuller hold the notion that despite Hart is the critique of Radbruch, there is a deep similarity between Hart and Radbruch’s positions. Both emphasized on higher moral law as a last resort to deal with the problems created by past legal injustice. They believe that higher law is a law which has power to invalidate another law. Both prefer the legal solution to come in the form of a frankly retroactive ruling. Fuller seems

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