Law I / Law, Morality, Custom and Force
Practice question · Put in order

Arrange these contributions to the debate about law and morality in chronological order.

Hints
  1. The nineteenth-century entry comes first, and the two post-war entries are eleven years apart.
  2. Hart's book precedes Fuller's by three years.
Show the answer
  1. Austin defines law as the command of a sovereign, 1832
  2. Radbruch publishes his formula on intolerable injustice, 1946
  3. The Wolfenden Report reaches its conclusions, 1957
  4. Hart's The Concept of Law appears, 1961
  5. Fuller sets out the internal morality of law, 1964
Why

The clustering is the point: four of the five fall within eighteen years of one another, and all four are downstream of the same event. The question of whether a validly enacted rule can be too unjust to count as law stopped being academic in 1945, and the modern literature is an argument about what to say to the German courts that had to answer it.

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