1 IntroductionThe purpose of this essay is to differentiate between law and morality and to discuss whether there is an overlap between the two concepts. I will refer to the theorists of positive law and natural law, namely HL A Hart and Lon L. Fuller respectively, and I will compare the two views on the above question. For the sake of understanding, I will apply both theories to the legal system of Nazi Germany.2 Law and MoralityH. LA Hart As a positivist, Hart believes that there should be a firm distinction between "law as it is" and "law as it ought to be", particularly law and morality. According to positivists, whether a law is valid or not depends not on its justification, but rather on whether it is recognized as enforceable by tests applied by an effective legal system. To better understand this theory, one must examine Hart's definition of a legal system and the separation of primary and secondary rules. The first refers to rules that are socially acceptable in a society and regulate the behavior of people in a society by creating obligations and therefore creating social pressure for them to respect these obligations. It is not enough, however, for a legal system to contain only primary rules and therefore secondary rules come into play. Secondary rules impose primary obligations in the form of law. The rule of recognition can be used to explain this more clearly. Hart maintains that compliance with moral standards is not necessary for a law to be valid and denies that there is a connection between law and morality. He states that for a norm to be legally valid, it must respect "fundamental rules specifying the essential process of legislating...... middle of paper ...... in-depth and critical analysis of the law." Personally, Fuller's idea of ​​a legal system seems more plausible in that he does not assign legal validity in a binary manner and there is room for moral critique of the law. Law does not seem absolutely distinct from morality when applied to examples such as the debate above. It is also more reasonable to assume that morality is used when developing legal rules. Works cited1. HLA Hart, “Positivism and the Separation of Law and Morality” (1958) 71 Harvard Law Review 6132. HLA Hart The Concept of Law (Oxford, 1961) 83-843. HLA Hart, The Concept of Law 2nd ed. (Clarendon Press, 1994) 2104. Joseph Raz The Authority of Law (Oxford, 1979) 1505. LL Fuller, “Positivism and Fidelity to Law – A Reply to Professor Hart” (1958) 71 Harvard Law Review 6396. LL Fuller Morality of law (New Haven and London, 1964) 146