This led many of the defendants to argue that the Allies were simply exercising arbitrary power instead of just law. If this had been the case, then Hart would have been forced to agree with the defendants that the Western Allies were not enforcing law but exercising their power to take revenge. As stated above, Hart being a Legal Positivist, strongly believes that all law must be written down and accessible in order to be law. So the Allies bringing charges against the war criminals that are not listed anywhere as illegal would be in fact be against the law. .
Lon L. Fuller, a significant legal philosopher and scholar, wrote his most famous work " The Morality of Law " in 1964. In it he mainly discusses the connection between morality and law. He believes that the law should come from the morality that aids a human to know right from wrong, which is objectively inherent in a human being's nature. In one of his theories, Fuller discusses the eight ways one can fail to make law. Those eight ways are as follows: .
(1) Failure to achieve rules at all, so that every issue must be decided ad hoc; (2) failure to publicize, or at least to make available to the affected party, the rules he is expected to observe; (3) the abuse of retroactive legislation; (4) failure to make the rules understandable; (5) enactment of contradictory rules; (6) enactment of rules that require conduct beyond the powers of the affected party; (7) introducing such frequent changes in the rules that the subject cannot orient his action by them; (8) failure of congruence between the rules as announced and their actual administration. (Fuller 6).
Simply put, unless a law is methodical, public knowledge, probable, logical, non-contradictory, possible to obey, continuous, and unfailingly governed, then it cannot be law. He explains that unless the law meets all of these qualifications it does not only result in a bad law or legal system, but it results in something that cannot even be called a law or legal system in the first place (Fuller 39).
