Frederick Schauer (University of Virginia School of Law) has posted Fuller and Kelsen — Fuller on Kelsen (Archiv fur Rechts- und Sozialphilosophie, Beiheft 163 (2020), pp.309-18) on SSRN. Here is the abstract:
This paper, prepared for a conference on Kelsen organized by the German section of the International Association of Legal and Social Philosophy (IVR), examines the complex relationship between Lon Fuller and Hans Kelsen. Although the two had a cordial personal relationship, and although Fuller had attempted to find Kelsen a place on an American law faculty when conditions made it impossible for Kelsen to remain in Europe, Fuller’s writings also treated Kelsen as the embodiment of all of the evils that Fuller perceived, not always correctly, to be inherent in legal positivism. Much of Fuller’s antipathy to Kelsen’s thinking, however, may be explained by the vastly different starting points from which each approached the enterprise of legal philosophy.
Recommended.