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

Arrange these positions from the strongest claim about a connection between law and morality to the weakest.

Hints
  1. The first two differ only in where the threshold sits.
  2. The last entry denies the connection entirely.
Show the answer
  1. Any rule that is grossly unjust is for that reason not law
  2. A rule is not law once its injustice becomes intolerable
  3. A system that fails every requirement of the internal morality of law is not a legal system
  4. Validity and merit are separate questions, and a valid rule may be as unjust as you like
Why

The gradient matters because the debate is usually taught as two camps. In fact the interesting disagreements are about thresholds: Radbruch and the strong natural lawyer differ over how much injustice is needed, and Fuller's claim is weaker still, being about the form of rules rather than their content.

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