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Central Points of Hart, Austin, Kelsen, Fuller - Coggle Diagram
Central Points of Hart, Austin, Kelsen, Fuller
Problems with Hart's RR
John Finnis, a natural law scholar, argues the law must be linked to morals TOC p. 18
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Fuller
• Laws should be promulgated (punished publickly), should not be retroactive, should be general, clear, consistent, be possible, and stable TOC p. 19
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Kelsen
Grundnorm (basic norm) is a necessary presupposition to understand what law is – essential to understand law TOC p. 19
In contrast to HArt's RR, the Grundnorm is a legal science – a pure theory of law TOC p. 19
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We identify the Grundnorm when we cannot trace law back any further, las is therefore bound by a basic norm tOC p. 19
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Problems with Kelsen
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• All laws are directed to officials, no difference between civil and criminal law TOC p. 20