Lon L Fuller Rule Of Law Analysis

CHAPTER 1

LON LUVOIS FULLER

“The only formula that might be called a definition of law offered in these writings is by now thoroughly familiar: law is the enterprise of subjecting human conduct to the governance of rules. Unlike most modern theories of law, this view treats law as an activity and regards a legal system as the product of a sustained purposive effort.”

- Lon L. Fuller (The Morality of Law)

Lon L. Fuller was an influential legal philosopher and scholar who lived from 1902 to 1978. Professor Fuller 's books and articles have been translated into all the major world languages and his works still widely read and studied in law schools all over the world.

How to judge that whether something is law or not and at the same time critically

Now the evil regimes will adhere to ‘rule of law’ because of the aforesaid three reasons. On a close observation it could be found that these reasons are prudential and not moral.

RSS Clothed In the BJP Government – Prudential Reasons and Adherence to ‘Rule Of Law’

The current government in India is set out to ban beef products across the nation. The idea of banning beef in a secular and democratic set up like India, basically evolved from the Pro RSS government. Beef, the meat of cows is to be banned because , cow is considered holy by majority of the Hindu population and also is an agenda of the RSS. Now banning the production and sale of beef , for reasons such as satisfying the principles of RSS or Hindus per say is straightforwardly a PRUDENTIAL reason by itself , and goes on to show that a democratic government would definitely adhere to the ‘rule of law’ to promulgate and implement such laws.

4. Probability

He is the author of many books including 'A Debate over Rights ' (Oxford, 2000), 'Central Issues in Jurisprudence ' (2008) and 'Law as a Moral Idea ' (2007). He is a follower of Lon Fuller and tries to defend his theory from various criticisms especially by Kramer.

1. The Slave Example:

The idea of freedom has many meanings or perhaps many dimensions, the core of freedom is not being under somebody else’s arbitrary power. If the owner of a slave does not prescribe or proscribe the slave’s conduct , can we therefore conclude that slavery is not inherently incompatible with freedom.? Does that mean slavery is not unfreedom?

In ‘rule of law’ the range of options with a citizen might be limited but those options are determined by general rules. That makes citizens free from the arbitrary power of others. They are governed by rules.

Rules necessarily impose some limits on the powers of some officials and some limits on duties of citizens , otherwise the system would fail to work. Hence the liberty is intrinsically linked with idea of ‘rule of law’.

2. Non application of law in Evil