Report: Understanding Fidelity to Law
The debate between H.L.A. Hart and Lon Fuller centered on what "fidelity to law" meant in this context: fidelity to law meaning
Despite the importance of fidelity to law, there are challenges that can undermine its effectiveness: Report: Understanding Fidelity to Law The debate between
The deepest challenge to fidelity to law comes from legal positivism’s famous claim that "law is law," even when evil. After the Holocaust, natural law theorists argued that Nazi statutes were so fundamentally unjust that they lacked legal validity. On this view, fidelity to law would have required resistance, not obedience. The Nuremberg trials rejected the defense of "just following orders," affirming that some legal commands demand infidelity. On this view, fidelity to law would have
In contemporary legal practice, "fidelity to law" is often used in two ways: For Judges: It often refers to originalism textualism
In a world of cynicism and shortcuts, fidelity to law is a quiet, countercultural virtue. It does not guarantee perfect justice, but it makes justice possible. Without it, law becomes mere coercion. With it, law becomes a legacy of human collaboration—imperfect, evolving, but worthy of our loyalty.
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