Lon Fuller and the Rule of Law

Michael Sevel (ed.), Routledge Handbook of the Rule of Law (London: Routledge, forthcoming 2020)

Virginia Public Law and Legal Theory Research Paper No. 2020-46

23 Pages Posted: 20 May 2020 Last revised: 21 May 2020

See all articles by Frederick Schauer

Frederick Schauer

University of Virginia School of Law

Date Written: May 20, 2020

Abstract

Although Lon Fuller’s importance and reputation among those who practice general jurisprudence remains contested, it is clear that he remains a major figure in developing the idea of the rule of law. Fuller may have been mistaken in believing that his desiderata of the internal morality of law were definitional of law, and in labeling these procedural desiderata a morality, but by providing a detailed account of eight different dimensions of what would now be thought of as the rule of law, he offered a substantial advance on the simpler accounts offered earlier by Dicey and others. And by positing a contingent and probabilistic relationship between compliance with his desiderata and substantive first order morality, Fuller offered what is best understood as a genuinely testable hypothesis about the rule of law and its value. This entry, prepared for forthcoming the Routledge Handbook on the Rule of Law (Michael Sevel ed.), seeks to support and explain the foregoing understanding of Fuller and his contributions.

Suggested Citation

Schauer, Frederick, Lon Fuller and the Rule of Law (May 20, 2020). Michael Sevel (ed.), Routledge Handbook of the Rule of Law (London: Routledge, forthcoming 2020), Virginia Public Law and Legal Theory Research Paper No. 2020-46, Available at SSRN: https://ssrn.com/abstract=3606157

Frederick Schauer (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States
434-924-6777 (Phone)

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
177
Abstract Views
396
rank
187,786
PlumX Metrics