Fuller's Study Of The Concept Of Law

In nineteenth Century,with the development of natural science,the concept of law as a science prevailed, and the vigorous development of legal positivism led to the dominant position of the rule of law. At the beginning of twentieth Century, the legal realism jurists deny the certainty of law, which makes the later jurists in the content and avoid entanglement. The jurists gradually realize that there is a clear line between rule of law and democracy, freedom and equality, political ideal, the rule of law is just one of the political ideal pursued by law. This series of factors impel the focus of western jurisprudence to shift from substantive legitimacy to formal legitimacy.Lon L.Fuller,as one of the advocates of the theory of rule of law, his idea of rule of law, on the basis of criticizing and inheriting the traditional theory of natural law,explained his own form of rule of law. Starting from the inherent morality of law,Fuller points out that the rule of law is the inherent morality of law, and it is the quality that the law should possess. From the point of view of human beings, Fuller emphasizes the subjectivity of human beings. Compliance with the formal legitimacy of the law can provide citizens with certainty guidelines to protect the opportunity for equal participation of citizens. The fact that the respect for human subjectivity is the embodiment of the value of the rule of law is an independent value. Starting from the theory of purpose,Fuller regards the rule of law as a complex of means and ends,and the purpose of the rule of law is embodied as the purpose of the process of action and the purpose of a formal sense. This is the purpose of the law as to cause the inherent purpose, is a kind of self nature, to put the legal process in operation.On the basis of Fuller's original works, the author analyzes the background of the formation of the rule of law in the form of the rule of law on the basis of combing and reading, and grasps the basic structure of the rule of law in the form of Fuller's view of the rule of law. Through the comparison, and the essence of the concept of the rule of law and Raz, Finnis recently law the rule of law concept, pointed out that Fuller thought the rule of law with respect to different other rule of law theory and particularity, highlighting the legal thought of Fuller theory and unique advantages,and discusses the practical significance of the rule of law construction in china.