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The command theory's black and white distinction between law and moralty - a weekness in legal positivism generally?
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JURISPRUDENCE YEAR 2 ASSESSED ESSAY THE COMMAND THEORY'S BLACK AND WHITE DISTINCTION BETWEEN LAW AND MORALITY: A WEAKNESS IN LEGAL POSITIVISM GENERALLY? Question 6 Fuller writes of Austin: "Over and over again he teeters on the edge of an abandonment of the command theory... Yet he never takes the plunge. He does not take it because he had a sure insight that it would forfeit the black-and-white distinction between law and morality that was the whole object of his Lectures..." (Lon L. Fuller, "Positivism and Fidelity to Law - A Reply to Professor Hart" (1958) 71 Harv. L. Rev. 630, p 640). Does this comment identify a weakness in legal positivism generally? Student ID: 316553 December 2001 / January 2002 "Everything's got a moral, if you can only find it", wrote Lewis Carroll1. Alice has a sure insight into the beliefs of natural lawyers, but to many positivists she is operating in a wonderland. Morality, according...
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