Law I / Law, Morality, Custom and Force
Practice question · Fill in the blanks

Complete the account of the border between law and its neighbours.

The positivist claim that what law is and what it ought to be are distinct questions is the ______ thesis. Radbruch held that statutory law must yield where its conflict with justice becomes ______. Fuller called his eight requirements the ______ morality of law. Hart replied to Austin that being ______ by a gunman is not the same as being under an obligation.

Word bank: separability · intolerable · internal · obliged · natural · external

Hints
  1. The first blank names the thesis that defines positivism.
  2. The last blank is the word Hart contrasts with "obligated".
Show the answer

The positivist claim that what law is and what it ought to be are distinct questions is the separability thesis. Radbruch held that statutory law must yield where its conflict with justice becomes intolerable. Fuller called his eight requirements the internal morality of law. Hart replied to Austin that being obliged by a gunman is not the same as being under an obligation.

Why

The four blanks hold the whole argument: a thesis about what the concept of law includes, a formula for when validity gives way, a list of the conditions a system must roughly satisfy to be one, and the distinction between a probability of harm and an internal attitude to a rule.

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