Hart, Fuller, and Everything After

Allan C Hutchinson is Distinguished Research Professor at Osgoode Hall Law School, Toronto, Canada

1. 1957 and All that: A Year of Living Jurisprudentially
A Holmesian Challenge
A Harvard Audience
A Principled Chorus
A Critical Turn
Conclusion

2. Looking Back and Forward: The Ground Zero of Legal Theory
Hart’s Provocation
A Fuller Effort
And the Beat Goes On
A More Personal Appreciation
Only the Odious
Conclusion

3. A Philosophical State of Mind: The Local Limits of Analytical Truths
An Analytical Agenda
Failing Globally
Working Locally
Razzle-Dazzle
Ours and Everyone Else’s
Going Global
Conclusion

4. Legality from a Positivist Outlook: Of Social Facts and Moral Fancies
The Positivist Project
The Facts of the Matter
Beyond All Recognition
Separation Anxiety
Soft and Hard Responses
Conclusion

5. From Validity to Legitimacy: Exploring Law’s Morality
Morality, Values and Other Judgments
A Procedural Hedge
A More Substantive Turn
Positivists as Moral Critics
Taking a Pragmatic Stand
Conclusion

6. Breaking Bad: From Validity to Legitimacy
Beyond Validity
Giving Orders
On the Edges
Keeping Up Appearances
The Hall of Shame
Conclusion

7. Keeping Active: Law as Practice
Here’s the Thing
A Social Activity
A Common Dilemma
Purely Working
A Less Godly Practice
Conclusion

8. Looking for Solid Ground: The Elusive Search for Interpretive Certitude
Of Penumbras and Paintings
A Fuller Tradition
Mixing and Matching
On the Dark Side?
A Political Reckoning
Conclusion

9. Keeping the Faith: Law, Obedience and Compliance
Introducing the Bad Man
Showing an Interest
An Obliging Approach
Slouching Towards Evil
A Revolting Possibility
Conclusion

10. Legal Theory on the Move: A Never-Ending Inquiry
The Debate that Never Dies
An Economic Turn
The Dworkinian Gambit
A Critical Slant
Up, Down and Sideways
Conclusion