Law and Morality

Analytical Essay # 117201

Ethics
Law

Law and Morality

An analysis of the academic debate between Lon Fuller and H.L.A Hart on the relationship between law and morality.

3,306 words () | 4 sources | APA | 2009 United States

Paper Summary:

This paper explores Lon Fuller's theory from his work "The Morality of Law" and its eight principles regarding law and morality. The paper then examines H.L.A Hart's article titled "Positivism and the Separation of Law and Morals" that criticizes Fuller's theory but discusses how Lon Fuller reacts strongly to Hart's ideas and defends his own thesis. The paper shows how while Fuller presents a theory that provisions for a moral system of lawful guidance, Hart seems to believe that lawful practice in society is not determined to be constrained by moral behavior. The writer of this paper offers a personal opinion that a combination of the two theories is most suitable for the legal system; we need both policy-makers that will empathize with the concerns of the citizens and enact laws that are just and moral, but we also need policies that will simply serve to control certain elements of society.

From the Paper:

"Primarily, the first principle that Fuller proposes in his internal morality of law theory is that the guiding laws for human behavior must be be expressed in general terms. While this may seem like a very obvious principle for an academic to propose in a new theory about law and morality, Fuller here shows that it is an important guiding principle exactly because of that. Often, smaller sects of societies have failed chiefly due to the failure of this one principle. By not expressing a law or a set of laws for people to understand clearly and completely, it is impossible to expect adherence to those set guidelines. Similarly, if the law or set of laws is passed down through a system of person-to-person interaction, it is going to be equally as difficult to manage the masses in terms of adherence."

Sample of Sources Used:

Fuller, Lon L. 1958. Positivism and the Fidelity to Law: A Response to Professor Hart. Harvard Law Review, 71(4), pp. 630-672.
Fuller, Lon L. 1964. The Morality of Law. Yale University Press.
Hart, H.L.A., 1958. Positivism and the Separation of Law and Morals. Harvard Law Review, 71(4), pp. 593-629.
Nicholson, Peter P. 1974. The Internal Morality of Law: Fuller and His Critics. Ethics, 84(4), pp. 307-326.