Nino's Nightmare: Legal Process Theory as a Jurisprudence of Toggling Between Facts and Norms, 57 St. Louis University Law Journal 865 (2013)
The year 1957–58 was the annus mirabilis of Anglo-American
jurisprudence. In 1957, H.L.A. Hart, the Regius Professor of Jurisprudence at
Oxford, delivered the Holmes Lectures at the Harvard Law School, which were
published in the law review in February 1958 and, later, as The Concept of
Law (1961), still the leading articulation of the philosophy of legal positivism.1
Also in 1958, Professors Henry M. Hart Jr. and Albert M. Sacks finalized the
“tentative draft” of their materials on The Legal Process; these materials, now
available in print, set forth a purpose-based version of legal positivism. In a
law review exchange with H.L.A. Hart, also published in February 1958, and
then in The Morality of Law (1964), Professor Lon Fuller pressed the purpose
theory of law away from positivism and toward a theory of law that integrated
it with morality.
Date of Authorship for this Version
Eskridge, William N. Jr, "Nino's Nightmare: Legal Process Theory as a Jurisprudence of Toggling Between Facts and Norms" (2013). Faculty Scholarship Series. Paper 4844.