Between Morality and Efficacy: Reclaiming the Natural Law Theory of Lon Fuller

Jurisprudence, Vol. 5, No. 1, pp. 109-118, 2014

University of Queensland TC Beirne School of Law Research Paper No. 14-25

10 Pages Posted: 2 Jul 2014

See all articles by Jonathan Crowe

Jonathan Crowe

University of Southern Queensland - School of Law and Justice

Date Written: July 1, 2014

Abstract

This article clarifies the relationship between the work of Lon Fuller and the natural law tradition in jurisprudence through a critical engagement with Kristen Rundle's book, Forms Liberate: Reclaiming the Jurisprudence of Lon L Fuller (Hart, 2012). I argue that Fuller's theory engages squarely with the central concern of natural law thought: namely, the idea of law as a rational standard. However, Fuller fails to recognise the full implications of his theory for the role of moral factors in determining legal validity.

Keywords: Natural law, legal positivism, legal validity, Fuller, Hart, Rundle

Suggested Citation

Crowe, Jonathan, Between Morality and Efficacy: Reclaiming the Natural Law Theory of Lon Fuller (July 1, 2014). Jurisprudence, Vol. 5, No. 1, pp. 109-118, 2014, University of Queensland TC Beirne School of Law Research Paper No. 14-25, Available at SSRN: https://ssrn.com/abstract=2461538

Jonathan Crowe (Contact Author)

University of Southern Queensland - School of Law and Justice ( email )

West Street
Toowoomba, Queensland 4350
Australia

HOME PAGE: http://jonathancrowe.org/

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
609
Abstract Views
2,364
Rank
80,905
PlumX Metrics