Theater of Modernity of Law: The Debate between Hart and Fuller

Author: Qiang Shigong
Publisher:
Publish Date: 2006-01-01
Features: "This compact edition not only provides a concise critique of the famous debate in the late 20th century jurisprudence between natural law theory and legal positivism, but also records the author's contemplative journey as they grapple with the logic of power, legal statutes, moral arguments, and social realities. In a sense, you might also view this book as a timely sandbox simulation of the collective moral reflection and institutional reconstruction that the Chinese must inevitably face. The outcome is tragic, but the expression can be comedic"—Ji Weidong (Professor at the Faculty of Law, Kobe University, Japan) chose to explore the issue of natural law by focusing on the debate between Hart and Fuller, because the underlying issue of this debate is the relationship between law and morality revealed by the Nuremberg Trials, which is precisely a major theoretical challenge in China's legal system construction. Our legal system construction is also seen as an effort to free law from political ideology, and the pursuit of the logical coherence of formal rationality is also the direction and goal of the legal community. In this book, I attempt to understand natural law from the perspective of legal sociology. The history of legal thought has always described natural law as a continuous theoretical lineage, but in reality, this continuity is constructed by scholars, while the real issue is actually one of fragmentation.