On The Law's Inner Morality Establishment And Value Of Fuller

The middle of the last century, the United States and the United Kingdom Fuller jurist jurists between Hart for "legal and moral separation or combination is" engaged in a fierce debate. In this debate, the Fuller innovative inherent to the legal and moral theory, which includes eight principles are: a general principle, the principle of openness, non-retroactivity principle, the principle of clarity, consistency principle , the feasibility of the principle of the stability of the principle of consistency of the official acts and legal principles, procedures Fuller called the natural law, belong to the moral aspirations. The theory not only in the Western scholars have had a tremendous impact on the rule of law in China today has an important role in the Enlightenment.This study is Fuller's legal theory of the intrinsic moral value to establish and to Fuller's "moral law" to study the text, from the Fuller and Hart start the debate, by the relationship between law and moral arguments attempting to Fuller description of the legal context established by the inherent morality.In specific research methods, this paper analysis of the use of literature, historical analysis and comparison study analysis. Reading through the text to understand Fuller's inner morality of the nature of the law, at the same time on the basis of Fuller's definition of legal concepts, and ultimately to the Fuller's legal theory of the inherent moral position.The full text is divided into four parts.The first part of the main legal Fuller described the inherent moral background..First of all, this part of the "whistle-blower case" sparked controversy for the starting point to explore the "draconian law also" or "illegal law" and the final court ruling on this case and the German jurist Radbruch legal positivism to natural law change to make this argument tend to white-hot. Then, from the legal positivism of the "separation of starting to discuss their adherence to the "separation" of the background, and through their critical Fuller, Fuller reached the legal and moral conclusions can not be separated.The second part focuses on the inherent morality of law is how to be established in the final. Here mainly to "the morality of law" to study the text.Fuller start this part of the aspirations of the morality and the distinction between the moral obligation to proceed, by Fuller in the moral scale, ethics vocabulary point of view, marginal utility of the moral point of view, the distinction between the two carried out in detail, a Fuller a moral distinction between the two is that the fundamental intent of the law the basis for intrinsic moral .Next, the failure of law-making Rex lessons Fuller's eight principles summed up visits, respectively, finally, the inherent morality of the law to carry out theoretical analysis, to draw the internal legal procedures for natural law ethics, a desire morality, it contains the understanding of these inherent morality of the legal position that the law establishing the ultimate inner morality.The third part focused on the intrinsic moral value of law. Fuller's criticism of opponents argued that the inherent morality of the legal definition, to draw a purpose of the law is the cause of this conclusion, which is inherent in the moral law and the value of the ultimate destination.Next, from the legislation, law enforcement, judicial point of view, combined with the procedures as proposed by Fuller natural law theory of the rule of law in our country's guiding values are described.Finally, the conclusion of the internal law of Fuller moral theory on the nature of the brief, the theory has once again shown the value of fullerene and its inspiration to China's rule of law once again to do a positive role.