Fuller (He's an innie)

Question 1

What is Fuller?

Answer 1

A procedural Natural Lawist

Question 2

What does Fuller believe the law is and why do people follow it?

Answer 2

• Says law is basically a technique of balancing mankind’s conflicting objectives
• People engage with lawmaking bc it helps them achieve some end
• also he believes Law cannot be evaluated in absolutes, when law principle is made it is one of several available alternatives (just most desirable by standards of decision maker)

Question 3

What is the procedural part of natural law?

Answer 3

how law is administered and constructed

Question 4

What does Fuller require law to have?

Answer 4

Inner Morality
• it is only by following the inner morality of law that it is possible for authority (to be able to subject human conduct to the governance of rules) to arise

Question 5

What is morality (To Fuller)?

Answer 5

• Morality of duty (cannot forgo ethics):
Moral minimum.
negative nature (do not kill)
• Morality of aspiration (Forgoing concept of ethics)
Needs and desires of individuals is an Ideal
positive in nature

Question 6

What are Fuller’s requirements for a legal system/inner morality (or it is not a legal system at all)?

Answer 6

The rules must…
(P1) be expressed in general terms;
(P2) be publicly promulgated;
(P3) be prospective in effect;
(P4) be expressed in understandable terms;
(P5) be consistent with one another;
(P6) not require conduct beyond the powers of the affected parties;
(P7) not be changed so frequently that the subject cannot rely on them; and
(P8) be administered in a manner consistent with their wording.

Question 7

What happens if one of the 8 are not fulfilled?
• for the legal system
• for a law

Answer 7

• Fuller thinks it is not a legal system at all.

* he believes the law will be defective but not invalid

Question 8

What are some arguments between Hart and Fuller

Answer 8

• Confuses morality & efficacy
○ All acts have their own standards of efficacy
○ However, efficacy and moral standards may conflict
• Counterpoint: Hart overlooks that most of the 8 principles double as moral ideas of fairness.
• CP to above: greater fairness may just be a beneficial side effect of having effective laws.

Question 9

Other Critics of Fuller:

Answer 9

• He did not draw a boundary line regarding morality of duty and aspiration.