Philsophy, Political Morality, and History: Explaining the Enduring Resonance of the Hart-Fuller Debate
This Article argues that the historical, moral, and political dimensions of the Hart-Fuller debate deserve much credit for its continuing appeal and should prompt a reconsideration of Hart’s own claims about the universality of analytical jurisprudence. The debate illuminates the sense in which conceptual analysis needs to be contextualized and, in so doing, demonstrates the importance of clarity and rigor in legal theorizing. Moreover, the debate’s power to speak to us today is a product of its connection with pressing political issues. In analyzing the postwar development of international criminal law, this Article argues that Hart’s modest realism, pitched against Fuller’s more ambitious optimism, speaks to us in compelling ways.