Study Of Fuller’s Internal Morality Of Law

Fuller is one of the most famous American jurists in 20 th century.His research field is very wide,but the most important is the thought of internal morality of law put forward by him.His thought was formed on the base of inheritance and development of traditional law thought and of the debate with Hart.The relationship between law and morality is a long debated topic,but by the debate between Hart and Fuller,it was pushed to a new height.After several debate,Fuller firmly believed that law should be based on morality and that law and morality can not be separated.Fuller put forward the eighth desiderata of the morality of law.He regards law as a cause which can be accomplished by people’s interaction.This paper takes Fuller’s internal morality as the research object.From the debate between Fuller and Hart on “the evil law is not a law”or“the evil law is law”and the relationship between law and morality,to explain the formation process and significance of Fuller’s internal morality of law.This paper is consists of four parts.The first chapter is introduction.This part mainly explains the reason for the selection of topics,literature review,research route and research method.The second chapter analysis the internal morality from the aspects of theoretical basis and the background of times,to lay a general tone for the proposal of Fuller’s legal morality.This chapter firstly expounds the thought of traditional law,then analysis the debate between Fuller and Hart about relationship between law and morality,to sum up the claim of Fuller that law and morality are not separable.The third chapter firstly make a distinction between the morality of desire and the morality of obligation from the perspective of ethics,economics and relationship between law and morality.Then analysis the eighth desiderata of internal morality of law.At last expounds the nature of the morality of law from three aspects.The fourth chapter expounds the theoretical significance and practical significance of internal morality of law.This chapter firstly explains Fuller’s understanding of the law itself.Then illustrates theoretical significance from two aspects.Finally elaborates significance of promoting the rule of law in our country and building a country,government and society under the rule of law of internal morality of law.