The Morality Of Law, By Lon L. Fuller Essay - 2095 Words

The idea of human dignity has been remarked and articulated in a number of the jurisprudence works of the mid-twentieth American legal philosopher, Lon L. Fuller. The Morality of Law, for instance, provides a valuable snapshot of Fuller’s preliminary sense of what his idea on human dignity might entail. In the core of his argument of legal morality, Fuller proposes that any neglect of eight principles of legality, which constitutes the internal morality of law, is not just only render the rational ground to obey the law and destroy the trusteeship between lawgiver and subject, but it further condemns and humiliates the dignity of person or human being as a free and responsible agent, self-determining center of action, and that they possess inherent dignity. In other important text, Fuller explicitly announces that the value of human dignity, over other extra-legal values, that must embodied within the structure of legal order. After he offers a long discussion of human capac ity of action and communication under the forms of order, he writes: â€Å" there is, therefore, in an ordered system of law, formulated and administered conscientiously, a certain built-in respect for human dignity, and I think it is reasonable to suppose that this respect will tend to carry over into the substantive ends of law.† Thirdly, in his draft essay Means and Ends, which can be considered both as an introductory of Fuller’s eunmoics theory of social order and Fuller’s reflection on theShow MoreRelatedThe Argument Put Forth By Hart And Lon L. Fuller1526 Words   |  7 Pageshave to do with the law?† Is justice an inherent component within law or is it a moral judgement about law? In attempting to answer this question, we will examine the debate between H.L.A. Hart and Lon L. Fuller. The argument put forth by Hart focuses on law as it is; while Fuller’s response focuses largely on law as it should be. At its core, this debate concerns th e separability of law and morality, with Hart pushing a positivist narrative and Fuller promoting natural law. Both philosophers putRead MoreScenario Analysis857 Words   |  4 Pagesultimately, up to the person who is faced to make the choice between right and wrong. â€Å"Even if a man is answerable only to his conscience, he will answer more responsibly if he is compelled to articulate principles on which he acts.† stated by Lon L. Fuller (1975). We were given a few scenarios to apply this saying to and the following are my opinions that I have regarding them. The Drugs at a Friend’s House scenario is a constant issue to most officers. Many officers want to go out with theRead MoreAdolf Hitler And The Nazi Party889 Words   |  4 PagesNazi party would create laws that pretty much allowed them to kill eleven million people. While the anti-semitic laws and the laws against â€Å"undesirables† were horrible, they were still laws. The truth of the matter was that Hitler belonged to the Nazi party and it was a legitimate political party with a substantial following; and their laws were enacted legally. In this essay, I will explain how both Hart’s and Fuller’s theories play into why I believe that the Nazis had laws. It begins with Hart’sRead MoreThe Case Of The Speluncean Explorers1544 Words   |  7 PagesINTRODUCTION The hypothetical case of the Speluncean Explorers, written by Lon Luvious Fuller, comprises of a robust statutory interpretation discussion between natural law and legal positivism. In the context of natural law, naturalist follows that there is an obligatory connection between morality and the law. To put it simply, there is a moral obligation to ascertain the legal cogency of the law. In this case, Foster J follows a natural law approach as he believes that the conviction of each of the defendantsRead MoreMorality Vs. Morality : Morality And Morality1729 Words   |  7 PagesAlthough law and morality are two separate issues it is evident that morality plays a crucial role in the law. Dr. Jà ¼rgen Habermas stated â€Å"law is internally related†¦ to morality† . The idea of law is not that it must be moral but that it provides a system to allow people to live together peacefully in a society. However, as much as it is debated, it is apparent that in order for human civilisation to work laws must generally be moral. Natural law is a theory that emphasises the role of morality in theRead MoreEssay on The Importance of Justice in Society1424 Words   |  6 PagesThe Importance of Justice in Society One component of the definition of justice is the final outcome of the process of the law, whereby justice is distributed by the State. According to this definition, justice is the mechanical process of the structure of law – set in place and agreed to by the people of the State. Another definition is concerned with the value inherent in ‘just’ behavior. One distinction between these two definitions is the difference between an individual viewpoint and theRead MoreThe Case of the Speluncean Explorers1980 Words   |  8 PagesWhat determines whether an action undertaken by any agent is right or wrong? Lon L. Fullers 1949 article, The Case of the Speluncean Explorers, provides a situation whereby the ethical definitions of right action are evaluated. The ethical study of right action consists of two major moral theories being de-ontological (backward looking/origin) and teleological (forward looking/ends). Both also have religious and non-religious strands. The de -ontological theory consists of the divine-command theoryRead MoreNature, Function and Classification of Law2917 Words   |  12 PagesCLASSIFICATION OF LAW Objectives of the course:†¢ Enable the students to think in a more abstract or general fashion than is generally achieved in the study of specific areas of law and demonstrate the same in answering questions. †¢ Enable the student to develop the willingness to question and think independently and to find out more in the study of law. †¢ Discuss critically the definition of law †¢ Explain the various scholars position on their attempt to define the meaning of law †¢ Distinguish law from morality;