NewYorkUniversity
LawReview
Current Issue

Volume 83, Number 4

October 2008

Better to See Law This Way

Liam Murphy

With a clear and compelling ethical vision, H.L.A. Hart attempts to persuade us that it would be better to see law the positivist way. Much of Lon Fuller’s reply can be read as an equally compelling case for seeing law another way. Both articles are rewarding precisely because they bring to the fore the ethical and political stakes of the debate over the concept of law. The problem is that while these instrumental arguments do a lot to explain why philosophers have tended to be so invested in either positivism or nonpositivism, they have no chance of changing our social world such that either view can be said to be true.