Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Hart's response to the objection based on penumbra cases is that penumbra cases are quite rare. They are, after all, penumbra cases , not core

Hart's response to the objection based on penumbra cases is that penumbra cases are quite rare. They are, after all, penumbra cases, not core cases. Fuller, however, is unsatisfied. He comes up with a counterexample that is purported to show that penumbra cases are not rare at all. He seems to think that the interpretative problems posed by penumbra cases are endemic to the law. What is Fuller's counterexample?

Group of answer choices

Fuller uses the example of the law "no sleeping allowed in the train station". A homeless person who was half-asleep during the night in a train station would violate this law, even though - strictly speaking - he was never sleeping. Instead, a passenger waiting for the train who briefly fell asleep would not violate this law, even thought he did actually fall asleep contra to what the law mandates.

Fuller uses the example of the law "no vehicle is allowed in the park". Since this is such a common and ordinary piece of legislation and the concept of "vehicle" admits of penumbra cases, Fuller must be right that penumbra cases are ubiquitous in the law and thus Hart must be wrong.

The counterexample Fuller uses against Hart has to do with Nazi laws. Nazi laws can be considered invalid only if we do not subscribe to legal positivism. Crucially, there are plenty of invalid laws -- specifically, invalid laws whose invalidity depends on their immorality. Now since (a) invalid laws are numerous and (b) invalid laws are also paradigmatic of penumbra cases, it follows that Hart is wrong in saying that penumbra cases are exceptional or rare.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Smith And Roberson Business Law

Authors: Richard A. Mann, Barry S. Roberts

18th Edition

0357364007, 978-0357364000

More Books

Students also viewed these Law questions

Question

What is a prepayment?

Answered: 1 week ago

Question

6. How can hidden knowledge guide our actions?

Answered: 1 week ago