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
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
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