Hart And Fuller Case Study

The question requires one to analyse the validity of the enactment of retroactive law in view of the jurisprudential theories of H. L A. Hart and Lon Fuller. The factual situation given above also entails evaluation of the area related to amnesty law that provides for immunity for criminal offence committed, however, the civil liability will also be considered.

The jurisprudential debate of Hart and Fuller in the Harvard Law Review in 1958 would be of importance as it reflects the different view of Hart and Fuller. The debate was about the case of ‘Grudge Informer’ where the wife during the Third Reich depending on the Nazi law, informs on her spouse of his anti- government activities. Generally, for positivists like Hart, there is a separation

to know the rule, it must be known what it intends to achieve. It is of this purposive enterprise that certain moral qualities are fulfilled. In other words, to know the principle, it must be known what it expects to accomplish. It is of this purposive endeavour that certain moral qualities are consummated. This is what Fuller terms as 8 principles of internal morality of law. Non-compliance of any of the criteria would mean that it is not law. Retroactivity can't be justified as it penalizes an individual for a crime which is not a crime before the passing of the law. Based on internal morality of law, Fuller stated that “retroactive law is not a law at all.” The same goes to the predecessor's law for not complete the purposive enterprise. Accordingly, in Fuller's view the predecessor law of conceding immunity would be invalid and there is no need for the enactment of a law retrospectively. With respect to the civil liability, Fuller has a few reservations as to such laws. What must be contemplated is the objective of the retrospective law. For example, the imposing of tax gains in which the object is to raise revenue and not control past conduct, thus issue of retroactivity cannot be used as ground to invalidate such

The society should not be made to follow rules that are retroactive and inconsistent as I believe that a genuine, fair law must be prospective and consistent. This is what is known as the internal morality of law according to Fuller’s point of view. Furthermore, in my point of view, a state that aims to make its rules and laws consistent and applicable to all citizens regardless of rankings and positions would constitute fairness and produce more effective laws rather than allowing certain rules and laws to be exempted on certain