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A Treatise of Legal Philosophy and General JurisprudenceImplicit Law and Principles of Legality

A Treatise of Legal Philosophy and General Jurisprudence: Implicit Law and Principles of Legality [In 1940, Lon Fuller (1940, 2) wrote that the fundamental task of legal philosophy is to give effective and meaningful direction to the application of human energies in the law. However, he added ruefully, judged by this standard, the preceding quarter century had not been a fruitful one. Despite his sympathy with the realists’ practitioner-focused approach to law, he argued that their theoretical lens distorted our perception of the reality of law and that positivism, in both its classical Austinian form and its latter-day reinventions, fared no better. Against the prevailing jurisprudential winds, Fuller proposed a form of jurisprudence that looked to many readers like a natural-law theory, albeit in a subtly qualified, secular form. In philosophical circles, Fuller’s work is remembered largely for the thesis that there is an “internal morality of law,” the principles of which correspond to familiar principles of the rule of law (a close cousin to the notion of Rechtsstaat).] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

A Treatise of Legal Philosophy and General JurisprudenceImplicit Law and Principles of Legality

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References (44)

Publisher
Springer Netherlands
Copyright
© Springer Science+Business Media B.V. 2011
ISBN
978-90-481-8959-5
Pages
141 –180
DOI
10.1007/978-90-481-8960-1_4
Publisher site
See Chapter on Publisher Site

Abstract

[In 1940, Lon Fuller (1940, 2) wrote that the fundamental task of legal philosophy is to give effective and meaningful direction to the application of human energies in the law. However, he added ruefully, judged by this standard, the preceding quarter century had not been a fruitful one. Despite his sympathy with the realists’ practitioner-focused approach to law, he argued that their theoretical lens distorted our perception of the reality of law and that positivism, in both its classical Austinian form and its latter-day reinventions, fared no better. Against the prevailing jurisprudential winds, Fuller proposed a form of jurisprudence that looked to many readers like a natural-law theory, albeit in a subtly qualified, secular form. In philosophical circles, Fuller’s work is remembered largely for the thesis that there is an “internal morality of law,” the principles of which correspond to familiar principles of the rule of law (a close cousin to the notion of Rechtsstaat).]

Published: Jun 24, 2011

Keywords: Legal Order; Social Rule; Individual Liberty; Spontaneous Order; Internal Morality

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