Font Size: a A A

Order And Process

Posted on:2007-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:X H SuFull Text:PDF
GTID:2155360185958951Subject:Foreign philosophy
Abstract/Summary:PDF Full Text Request
The relation of Morality and law is an old topic of legal. Lon · L · Fuller is the most excellent and influential legal thinker of Jurisprudence of Neo-Natural Law School from the twentieth century, advance the theory that the rationality of the existence of law relies on the morality of law. The morality is the foundation of the rationality and legitimacy of law. After inquired into the inseparable relation between moral and law, he give us a new theory: order-natural law, which brings about contribution to the basic jurisprudence theory enormously. Fuller's magnum opus—The Morality of Law has been regarded as the fullest and deepest classic book.The relation of moral and law is the basic point of this article. Through introducing and analyzing Fuller's new jurisprudence theory, the paper attempts to find out more available enlightenment. The first point talks about the development of natural law, the relation of ought and practice and Fuller's point. The second point focuses on criticizing Hart's point around the relation of moral and law, and becoming his new thinking system. For knowing, studying and establishing the system of law, the third point makes a thorough inquiry to Fuller's theory from two aspects: order and process. At last, the paper analysis the theory's value and the practical significance, so that to bring about strong impact and positive affect to legislation and administration of justice.
Keywords/Search Tags:Fuller, Neo-Natural Law, The Morality of Law, Order, Process
PDF Full Text Request
Related items