Study On Fuller’s Legal Ethics Thought

In Chinese and foreign legal history, the relationship between law and morality isalways a hot debate. As a representative of modern new natural law jurist,, Fuller’s legalethics thought must have reference to the historical development and social progress. Itinherited a theory that law and morality exist certain relation, that traditional natural law hasconsistent uphold in the theory system history. It holds that law, which is used foradministering the society and maintaining social order, can’t live without morality."TheMorality of Law" is a famous work that concentrated displayed Fuller’s legal ethicsthought. And it was born in the background of a debate with Hart. Fuller’s legal ethicsthought mainly includes the definition of moral, the concept of law, and the ultimate goal oflaw. First of all, the morality is divided into desire morality and duty morality. The desiremorality is more closed to good, and the duty morality is relatedto law; Secondly, he considered that law is law because of morality makes it possible.Law that kept by people widely must have a series of procedural legitimate principles. That’sto say law must possess intrinsic morality. Also, he insisted on it that law must have entitymoral; Thirdly, he concluded that law is a purposeful cause that makes humanbehavior subject to the rules governing, which was based on the debate with hisopponent; The ultimate goal of law is the pursuit of the good order of society. Legalethics thought of Fuller not only has important theoretical value to the developmentof jurisprudence and ethics, but also has positive practical significance for building aharmonious society and promoting the construction process of governing the country by lawin China.