. It should be read not only by Professor Fuller's colleagues in the teaching of jurisprudence, but also by all those academics and practicing lawyers who seriously maintain that their education did not cease with law school. Pp. This literature seems to me to be deficient in two important respects. The idea and theory can give me fresh insight into the utility of law. What was needed, therefore, it seemed to me, was to bring these tacit assumptions to more adequate expression than either side has so far been able to do." This title is a convenient resource to have with you at all times. . Pp. Previous page of related Sponsored Products, It's great! 500 Historic Supreme Court Decisions—Constitutional Law casebook. "—Ralph F. Bischoff, New York Law Journal, "The Morality of Law will find a place among the important books in the history of American legal philosophy. It is assumed we all know what morality means! Yale University Press; Revised edition (January 1, 1969), Reviewed in the United States on June 16, 2017. Learn more about the program. "―The Annals, "A most valuable and challenging essay on the nature of law. "―Edwin W. Tucker, Indiana Law Journal, "This is an important book. "The volume must be regarded as an important contribution of general interest to the study of the nature and function of law…Trenchant comme. 1964. Book Description: In a lengthy new concluding chapter labeled "A Reply to Critics," Lon L. Fuller extends and clarifies his definition of the relation between law and morality put forward in the first (1964) edition of The Morality of Law. The author has opened many new avenues of inquiry while dealing with the many old questions raised in any discussion of morality and law and of natural versus positive law. I have turned to or remembered this book many times in 7 years of studying law. Administrative Law (Emanuel Law Outlines). with many brilliant insights. Fulfillment by Amazon (FBA) is a service we offer sellers that lets them store their products in Amazon's fulfillment centers, and we directly pack, ship, and provide customer service for these products. . These rules create a precedent. Log in to your personal account or through your institution. It includes insights into the relations between morality and law, and advances a theory of law of great practical relevance. ed.) Lon L. Fuller — The Morality of Law1 I INTRODUCTION At a time when legal positivism — the doctrine that law and morality must be separated — was riding high, there emerged an eloquent champion of natural law theory, albeit in a secularised form, whose distinctive and thoughtful ar-guments won applause even amidst the controversy he sparked. . If only the law could always be so lucky. . This book does both. "Throughout this profound, imaginative and keenly analytical work, [Fuller] demonstrates his continuing concern with the tension in morality and law between the 'is' and the 'ought'. This shopping feature will continue to load items when the Enter key is pressed. For generations the legal system had known nothing like a basic reform. Or get 4-5 business-day shipping on this item for $5.99 "—, "To both students and scholars, this work is highly recommended. The Morality of Law. Failure to clarify the meaning of morality itself. THE MORALITY OF THE LAW. Examples & Explanations for Administrative Law (Examples & Explanations), The Concept of Law (Clarendon Law Series), Law and Leviathan: Redeeming the Administrative State, Natural Law and Natural Rights (Clarendon Law Series), The Dubious Morality of Modern Administrative Law, "This is an exception in that it comes as close as is feasible to resenting legal philosophy in popular form. Fuller accepted the idea, found in the writings of some traditional natural law theorists, that in some cases unjust laws or legal sy… Definitions of law we have, in almost unwanted abundance. Pp. viii, 202. The expectations of his readers make it appropriate for him to assume the part of a vigorous prosecutor; if he is reasonably fair and sticks to the evidence a considerable license of advocacy will gladly be... JSTOR is part of ITHAKA, a not-for-profit organization helping the academic community use digital technologies to preserve the scholarly record and to advance research and teaching in sustainable ways. The reviewer enjoys the advantage of occupying a fairly well understood role. New Haven: Yale University Press. After viewing product detail pages, look here to find an easy way to navigate back to pages you are interested in. Please try again. too complex for a society falling 800 years into reverse, Reviewed in the United States on April 30, 2011. Yet as one writer has recently pointed out, Aquinas in some measure recognized and dealt with all eight of the principles of legality discussed in my second chapter." (Prices may vary for AK and HI.). He considered that the greatest failure of his predecessors had been in the field of law. The fifth chapter, A Reply to Critics, prepared at that time, might as well give up trying to "trace the consequences of a particular action through the fabric of society unless that fabric itself preserves some measure of integrity." 1965] BOOK REVIEWS THE MORALITY OF THE LAW. There is no question that Mr. Fuller here gives the assumptions of his side adequate expression. Two major deficiencies: o 1. (p. 154). It is difficult for me to deal with abstract conflicts on a theoretical level when I lack success in the kind of humor that appeals to me more than Fuller's attempt to wrap himself in the mantle of righteousness as he considers law as an interactive enterprise trying to create a context in which independent actors can go about their business without having to do anything about $14 trillion dollars that has already been spent. Please try again. To calculate the overall star rating and percentage breakdown by star, we don’t use a simple average. Taking Rights Seriously: With a New Appendix, a Response to Critics. filled . The Preface to the Second Edition, dated May 1, 1969, just a month before I went to Vietnam, was prepared during the year that I would have remained in Professor Fuller's Contracts class at Harvard Law School if I had not been drafted in Novcember, 1968. In a lengthy new concluding chapter labeled "A Reply to Critics," Lon L. Fuller extends and clarifies his definition of the relation between law and morality put forward in the first (1964) edition of The Morality of Law. JSTOR®, the JSTOR logo, JPASS®, Artstor®, Reveal Digital™ and ITHAKA® are registered trademarks of ITHAKA. It also analyzes reviews to verify trustworthiness. Monsters, ghosts, fantastic beings, and supernatural phenomena. To get the free app, enter your mobile phone number. THE MORALITY THAT MAKES LAW POSSIBLE Leading citizens declared their intention to flout its provisions. "An important contribution of general interest to the study of the nature and function of law. There was a problem loading your book clubs. 3.6 Fuller. Like most legal academics of his day, Fuller rejected traditional religious forms of natural law theory, which view human law as rooted in a rationally knowable and universally binding "higher law" that derives from God. . "—Robert S. Summers, Journal of Legal Education. "―Barry R. Mandelbaum, The Bedrock of Christianity: The Unalterable Facts of Jesus' Death and Resurrection. Lon Fuller, THE MORALITY OF LAW (rev. vii, 202. . The heuristic value of a theory is reflected by its capacity to pro-voke curiosity, stimulate further research and writing, stir up doubt, and even arouse disbelief and resistance to its acceptance. Trenchant comment abounds throughout the book, and there is an immense amount of the most valuable material here, as well as considerable food for thought. You're listening to a sample of the Audible audio edition. This task is taken up, not primarily to vindicate what I have said against the opposing views of others, but by way of a further clarification of what has so far been said here. Rex came to the throne filled with the zeal of a reformer. There was an error retrieving your Wish Lists. Enter your mobile number or email address below and we'll send you a link to download the free Kindle App. "—Cambridge Law Journal, "Although this book is small, its content is both deep and thought provoking. It is unfortunately compatible with very great iniquity." . ©2000-2020 ITHAKA. The ultimate justification for the topics covered in this book might be that it recognizes certain disagreements about how law ought to be applied, that certain questions might be raised with any authority that seeks to apply laws in a manner which, according to Lon Fuller, seems to violate "practical wisdom applied to problems that may broadly be called those of social architecture.