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Study On Lon Fuller’s Legal Thought

Posted on:2014-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:T WuFull Text:PDF
GTID:2256330401978369Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Lon Fuller’s Jurisprudence cannot be easily categorized. He sided with the legalrealists and vigorously rejected formalism. Nevertheless, he also rejected the legalrealists’ basis contention that law was either sociology or instrumental politics.Although he has been called an advocate of a “secular natural law” theory, Fuller alsorejected a great deal of the natural law tradition. Fuller’s refusal or inability toconstruct a place for himself within conventional theoretical categories caused histhought to suffer sometimes unwarranted criticism and to be misunderstood. It hasalso caused this thesis’ interpreters to attempt to solve the problem by teasing Fuller’strue theory from his work.Whether or not there is a grand Fullerian theory, the best way to understand Fulleris to take Fuller on his own terms. First, this thesis gives a brief introduction ofFuller’s biography, academic background and academic achievements, in order tohave a brief understanding of Fuller’s legal thought. The second chapter of this thesisis about Fuller’s multidimensional natural law theory that including substantivenatural law and procedural natural law and the problems of institutional design.According to Fuller’s thought, substantive natural law related man in his essence, inhis individuality and in association. The most fundamental aspect of substantivenatural law in Fuller’s thought is related man in his essence. As nearly as I canascertain from Fuller’s writings. This trilogy of normative propositions-preservehuman life, keep alive the purposive side of man’s nature, and maintaincommunication-stands at the foundation of both his moral theory and his legalphilosophy. By the general terms “law,”“legal order,” and “institutions of law” in hiswritings, Fuller means “the enterprise of subjecting human conduct to the governance of rules.” So Fuller’s search for the procedural natural law or inner morality of law isthe search for the inherent requirements of establishing and maintaining an institutionthat is devoted to the subjection of human conduct to the control of rules. The thirdchapter of this thesis is about the debate between H. L. A. Hart and Fuller. Hartdefends legal positivism and Fuller sets out his view of the natural law. The crucialpoint that they argued about is whether is there necessary relationship existencebetween law and morality. The fundamental divergence between Fuller’s and Hart’spositions lies in their underlying concepts of the nature of “law” and the nature of“morality.” The last chapter of this thesis is about the compare between Fuller’sjurisprudence and America’s dominant philosophy of law-“pragmaticinstrumentalism.” The relation between his jurisprudence and pragmaticinstrumentalism has not been previously explored. In sum, this thesis attempts tounderstand better about Fuller’s legal thought by the analysis of his writings andcompare between his thought and the other thoughts in his age.
Keywords/Search Tags:Substantive natural law, Procedural natural law, Internal morality Legal, Positivism purposiveness, Pragmatic instrumentalism
PDF Full Text Request
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