The Hart-Fuller Debate on Law and Morality Within the Prism of the Legal Foundation of the Right to Privacy in its Earlier Jurisprudential Interpretations in German Case-Law
The 1950s debate between the British and American legal philosophers, Lon Fuller and Herbert Hart, has been a clash between the positivist and natural theories of origination of law and jurisprudence, with the former method primarily suggesting that law and morality are not necessarily interconnecte...
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| Format: | Article |
| Language: | deu |
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Vilnius University Press
2021-06-01
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| Series: | Teisė |
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| Online Access: | https://www.zurnalai.vu.lt/teise/article/view/24286 |
| _version_ | 1819046934303735808 |
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| author | Anatoliy A. Lytvynenko |
| author_facet | Anatoliy A. Lytvynenko |
| author_sort | Anatoliy A. Lytvynenko |
| collection | DOAJ |
| description | The 1950s debate between the British and American legal philosophers, Lon Fuller and Herbert Hart, has been a clash between the positivist and natural theories of origination of law and jurisprudence, with the former method primarily suggesting that law and morality are not necessarily interconnected, though may coincide in some occurrences, while the latter sticks to development of law that is based upon the mores and values related to human nature, which creates the standards that society should follow in order to function properly. The former approach, as it is argued, is not actually deprived of moral factors. To examine how these debates could work on practice, I decided to choose the early developments of the general right to privacy as an example of “penumbral” rights and to review the positions of various courts within adjudicating cases in respect with the general right to privacy. |
| first_indexed | 2024-12-21T10:52:21Z |
| format | Article |
| id | doaj.art-214a62031a344f12b5b8ca0b3fd1816d |
| institution | Directory Open Access Journal |
| issn | 1392-1274 2424-6050 |
| language | deu |
| last_indexed | 2024-12-21T10:52:21Z |
| publishDate | 2021-06-01 |
| publisher | Vilnius University Press |
| record_format | Article |
| series | Teisė |
| spelling | doaj.art-214a62031a344f12b5b8ca0b3fd1816d2022-12-21T19:06:37ZdeuVilnius University PressTeisė1392-12742424-60502021-06-0111910.15388/Teise.2021.119.10The Hart-Fuller Debate on Law and Morality Within the Prism of the Legal Foundation of the Right to Privacy in its Earlier Jurisprudential Interpretations in German Case-LawAnatoliy A. Lytvynenko0Ivan Franko National University of Lviv; Robert Gordon University of Aberdeen; Baltic International Academy; Lviv International Academy of Personnel GovernanceThe 1950s debate between the British and American legal philosophers, Lon Fuller and Herbert Hart, has been a clash between the positivist and natural theories of origination of law and jurisprudence, with the former method primarily suggesting that law and morality are not necessarily interconnected, though may coincide in some occurrences, while the latter sticks to development of law that is based upon the mores and values related to human nature, which creates the standards that society should follow in order to function properly. The former approach, as it is argued, is not actually deprived of moral factors. To examine how these debates could work on practice, I decided to choose the early developments of the general right to privacy as an example of “penumbral” rights and to review the positions of various courts within adjudicating cases in respect with the general right to privacy.https://www.zurnalai.vu.lt/teise/article/view/24286law and moralityright to privacyGerman lawReichsgerichtmedical confidentialityhistory of law |
| spellingShingle | Anatoliy A. Lytvynenko The Hart-Fuller Debate on Law and Morality Within the Prism of the Legal Foundation of the Right to Privacy in its Earlier Jurisprudential Interpretations in German Case-Law Teisė law and morality right to privacy German law Reichsgericht medical confidentiality history of law |
| title | The Hart-Fuller Debate on Law and Morality Within the Prism of the Legal Foundation of the Right to Privacy in its Earlier Jurisprudential Interpretations in German Case-Law |
| title_full | The Hart-Fuller Debate on Law and Morality Within the Prism of the Legal Foundation of the Right to Privacy in its Earlier Jurisprudential Interpretations in German Case-Law |
| title_fullStr | The Hart-Fuller Debate on Law and Morality Within the Prism of the Legal Foundation of the Right to Privacy in its Earlier Jurisprudential Interpretations in German Case-Law |
| title_full_unstemmed | The Hart-Fuller Debate on Law and Morality Within the Prism of the Legal Foundation of the Right to Privacy in its Earlier Jurisprudential Interpretations in German Case-Law |
| title_short | The Hart-Fuller Debate on Law and Morality Within the Prism of the Legal Foundation of the Right to Privacy in its Earlier Jurisprudential Interpretations in German Case-Law |
| title_sort | hart fuller debate on law and morality within the prism of the legal foundation of the right to privacy in its earlier jurisprudential interpretations in german case law |
| topic | law and morality right to privacy German law Reichsgericht medical confidentiality history of law |
| url | https://www.zurnalai.vu.lt/teise/article/view/24286 |
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