As The Enterprise Of The Law

In the human history of thought Fuller has been a very important person. Fuller is arepresentative figure of the new natural law school.His creative development of the classicalnatural law theory puts forward the famous program thought of natural law. And" the moralityof law" is the interpretation of Fuller’s thought,so it is a very important text.In this book Fullerfully elaborated the relationship between law and morality. The famous scholar Summers whowrote the biography for Fuller, says that Fuller is one of four important legal theorists in thepast one hundred years the United States. After the Second World War,people were attractedby the worldwide Nuremberg and Tokyo trial.And people became concern on how to dealwith World War II Nazi imperialism had left" legitimate perpetrators" problem. The positivistlegal thought faces enormous challenge.Insisting on the " evil law is law" theory, insisting onthe legal and moral inevitable separation theory, insisting on the law is the sovereign ’scommand and so on, made people be suffered the ravages of the Nazism. So, people began toreflect on what kind of relationshipshould maintain between law and morality? Then what isthe law? In the face of this a series of problems, through the Fuller and Hart debate, discussesthe relationship between law and morality, elaborates the legal ethical dimension, adhere tothe important role of rationality in law, and then put forward his legal concept--law is anenterprise which makes human behavior obey the rule.This article attempts to analyze the concept in" the morality of law".The classicdefinition of law is that law is an enterprise which makes human behavior obey therule.Fuller regards law as a career or enterprise, and this cause is especially targeted. Basedon the analysis of the definition, the real connotation of Fuller’s thought, why the law is anenterprise, rather than a command or others, and try to solve the above mentioned after theSecond World War the reflective problems.This paper is divided into four parts: the first part is about"law is an enterprise whichmakes human behavior obey the rule ",because of Hart and Fuller’s debating. Hart1957atHarvard University as a Holmes Lecture Notes published as well as the response toFuller;Through a series of polemics, Fuller in" the morality of law" of the first part of thebook presents his two kinds of moral theory, the aspirations of the ethics and morality of.Twokinds of moral presenting as a legal concept is put forward to do the groundwork, Fuller pointed out that only with the internal morality of law is the true law.The second part mainlyanalyzes the legal concept of the specific connotation of Fuller which, according to" themorality of law", analysis of Fuller’s legal concept of the nature; The third part is aboutFuller’s the concept of law and other law schools in the concept of comparison, especiallywith the classical natural law school, analytical positivism and Legal Realism: a comparative,tries to analyze Fuller legal concept is unique; at the same time, Fuller made the legal conceptof the specific manifestations were analyzed, each theory has the certain practical value of thetheory comes from practice, at the same time, the theory must also return to the practice.Fuller’s concept of law also should pass legislation, judicial process inspection, separatelyfrom the paper ’s law and the law in action, i.e., the legislative and judicial levels elaboration;The fourth part is mainly about the value of Fuller’s the concept of law.The law in modernsociety regulates human’s behavior. Fuller’s theory encounters in practice the specific case ofexactly how to operate, can undergo the test of practice, the need for specific cases ofanalysis.