Philosophy 499
Study questions:  Hart, "Positivism and the Separation of Law and Morals"

1.  Hart discusses the way in which the distinction between law and morals was developed in
        Austin and Bentham.  How does he describe their development of the distinction?  How did
        they make the distinction,, and what reasons did they provide?

2.  Hart acknowledges problems with Austin's "command" theory of law.  How does he think
        that critics have developed confused arguments against the distinction between law and morals
        based on these problems?

3.  In interpreting and applying law, what is the distinction between the "hard core" and the
        "penumbra?"  What implications does this distinction have for the distinction between what
        is law and what ought to be law?  What implications does he insist it doesn't have?

4.  What is Radbruch's criticism of positivism?  How does Hart respond to it? [Pay particular
        attention to the case of the woman who turned in her husband to the Nazis.]

5.  Hart discusses toward the end an objection against positivism raised by Fuller.  What is
        this objection?  How does Hart respond to it?

6.  In the end, what is Hart's view on the distinction (or relation) between law an morals?  What
        is the most important objection he considers against this view?  How does he respond?  Is
        his response adequate?