On Lon Fuller's Thought Of Ethics Of Law

Fuller's Law Ethics was formed under the background of "World Warâ…¡". Painful "World Warâ…¡" and other events provided a good opportunity for the revival of natural law. First of all, the revival of natural law is an inevitable reflection of the fascist dictatorship and fascist political and legal system. Secondly, the revival of natural law also reflected a series of political events in the United States. Thirdly, the well-known Nuremberg trials events which happened in the Federal Republic of Germany after World Warâ…¡and the transition of Radbruch towards Natural Law place events also facilitated the dissemination of Natural Law. Moreover, Fuller's Law Ethics was developed from traditional Natural Law and Hart's positive jurisprudence. The formation of Fuller Law Ethics methodology reflects the consistency of being natural and real and consistency of purpose and means.Fuller's Law Ethics contains a wealth of content. Fuller draws on ethical dichotomy to divide morality into the morality of aspiration and the obligation of duty. The morality of aspiration is good morality, moral excellence and the full realization of man's moral strength. The morality of duty is the basic and lower ethical requirements for keeping the order of human social life. Based on the division of the morality of aspiration and the morality of duty Fullers constructed the internal morality of law. The internal morality of law, also known as procedural natural law refers to the rules for the formulation, execution and interpretation of law and basic requirements which make law possible for governing the behavior of human. The internal morality of law includes the general principles of law, the openness of law, the non-retroactivity of law, the clarity of law, the non-contradiction of law, the feasibility of law, the continuity of law and the consistency of the official action and the law. External morality of law, which is also known as "substantive natural law," refers to physical goals and ideals in order to achieve justice, fairness, freedom. The internal morality of law and the external morality of law are closely related with each other. The law is the enterprise which subjects human behavior to the rules and aims for the pursuit of freedom, equality, good life and order.Fuller's Law Ethics has its own characteristics. Compared with the classical natural law, Fuller Law Ethics stresses that the law must meet the procedural requirements; compared with the positivism of law, Fuller Law Ethics is characterized by lower limited requirements for the pre-hypothesis of humanity of the principle of legality and the combination of law and morality. Fuller's Law Ethics is famous in Western jurisprudence and has been recognized as one of main Western natural law theory. The operational natural law opened up a new direction for natural law. Fuller's idea is helpful for improvement of legal system of China. Referring to Fuller Law Ethics can help us to overcome the obstacles encountered during the construction of legal order, to enhance the force of law and to make the road for the establishment of rule of law more smooth.