100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Summary JURISPUDENCE: Notes on Hart and Fuller $3.39   Add to cart
Quickly navigate to
Preview
  2.  
  3. University Of Cape Town (UCT)
  4.  
  5. Jurisprudence (PVL3006S)

Summary

Summary JURISPUDENCE: Notes on Hart and Fuller
 74 views  2 purchases
  • Course
  • Jurisprudence (PVL3006S)
  • Institution
  • University Of Cape Town (UCT)

provides a summary of the readings for Hart's ‘Positivism and the Separation of Law and Morals’ and Fuller's ‘Positivism and Fidelity to Law—A Reply to Professor Hart’ from the pages prescribed by Dr. Boonzaier. it contains - Notes from every page from both readings in simplified langu...

[Show more]

Preview 1 out of 10  pages

Document information

  • September 21, 2023
  • 10
  • 2023/2024
  • Summary

Subjects

  • jurisprudence

Written for

  • University of Cape Town (UCT)
  • Jurisprudence (PVL3006S)
All documents for this subject (5)

Seller

avatar-seller
LawGuru

Reviews received

Content preview

1




Jurisprudence
Leo’s Readings Week 2



Content

- Notes from every page from both readings in
simplified language
- Background on Fuller and Hart
- Summary of their arguments
- Additional analysis




‘Positivism and the Separation of Law and Morals’
Hart

(Prescribed: page 606-615)

- A law says that you can't drive a car into a public park. Obviously, this doesn't allow
cars, but what about bikes, roller skates, and toy cars? But what about planes? Are
these things "vehicles" for the rule's purposes or not?
- There must be a core of clear meaning, but there will also be a penumbra of grey areas
where words are neither obviously right nor obviously wrong.

- If we want to say whether or not new facts fit into the existing rules, the classifier must
make a decision on his own
- Situations don't come to us neatly labelled, folded, and creased, and their legal
classification isn't written on them so the judge can just read it off.
- Instead, when applying legal rules, someone has to decide if the words in question cover
the case at hand or not taking into account all of the practical effects of this choice.
- We can call problems that don't fit neatly into standard cases or meanings "problems of
the penumbra."

- If there must be a penumbra of uncertainty around all legal rules, then it can't be a
matter of logical deduction to apply them to specific cases in the penumbra area.
- This means that deductive reasoning can't be used as a model for what judges should
do to bring specific cases under general rules.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller LawGuru. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $3.39. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

77988 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$3.39  2x  sold
  • (0)
  Add to cart