Fuller and the Folk: The Inner Morality of Law Revisited

Oxford Studies in Experimental Philosophy, Volume 3. Oxford: UK, Oxford University Press, Forthcoming

15 Pages Posted: 8 Dec 2018

See all articles by Raff Donelson

Raff Donelson

Pennsylvania State University, Dickinson Law

Ivar Hannikainen

University of Sheffield - Department of Philosophy; Department of Philosophy I; Pontifical Catholic University of Rio de Janeiro (PUC-Rio)

Date Written: November 13, 2018

Abstract

The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at best, we should be skeptical of Fuller's inner morality of law in light of the experimental data.

Keywords: Lon Fuller, Jurisprudence, Philosophy of Law, Experimental Philosophy, Experimental Jurisprudence, Methodology of Jurisprudence, Natural Law Theory

Suggested Citation

Donelson, Raff and Hannikainen, Ivar and Hannikainen, Ivar, Fuller and the Folk: The Inner Morality of Law Revisited (November 13, 2018). Oxford Studies in Experimental Philosophy, Volume 3. Oxford: UK, Oxford University Press, Forthcoming , Available at SSRN: https://ssrn.com/abstract=3283952

Raff Donelson (Contact Author)

Pennsylvania State University, Dickinson Law ( email )

150 S College St
Carlisle, PA 17013
United States

Ivar Hannikainen

Department of Philosophy I ( email )

Cartuja Campus
Granada, Granada 18071
Spain

University of Sheffield - Department of Philosophy ( email )

Arts Tower
Western Bank
Sheffield S10 2TN
United Kingdom

Pontifical Catholic University of Rio de Janeiro (PUC-Rio) ( email )

Rua Marquas de Sao Vicente, 225
Rio De Janeiro, RJ 22453-900
Brazil

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