The Morality of Law Revised 1st Edition by Lon L. Fuller – Ebook PDF Instant Download/Delivery: 0300010702 978-0300010701
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Product details:
ISBN 10: 0300010702
ISBN 13: 978-0300010701
Author:Lon L. Fuller
“Among the important books in the history of American legal philosophy. It includes insights into the relations between morality and law, and advances a theory of law of great practical relevance. . . . [This] is the best discussion of the demands of the rule of law in existing literature.”—Robert S. Summers, Journal of Legal Education
“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’. . . . A book of ideas should . . . provoke and contribute new thoughts. This book does both.”—Barry R. Mandelbaum, New York Law Forum
In this classic work the legal philosopher Lon L. Fuller explores the relationship between law and morality, distinguishing between the morality of duty and the morality of aspiration.
The Morality of Law Revised 1st Table of contents:
I. THE TWO MORALITIES
The Moralities of Duty and of Aspiration
The Moral Scale
The Vocabulary of Morals and the Two Moralities Marginal Utility and the Morality of Aspiration Reciprocity and the Morality of Duty
Locating the Pointer on the Moral Scale
Rewards and Penalties
II. THE MORALITY THAT MAKES LAW POSSIBLE Eight Ways to Fail to Make Law
The Consequences of Failure
The Aspiration toward Perfection in Legality Legality and Economic Calculation
The Generality of Law
Promulgation
Retroactive Laws
The Clarity of Laws
Contradictions in the Laws
Laws Requiring the Impossible
Constancy of the Law through Time
Congruence between Official Action and Declared Rule Legality as a Practical Art
III. THE CONCEPT OF LAW
Legal Morality and Natural Law
Legal Morality and the Concept of Positive Law
The Concept of Science
Objections to the View of Law Taken Here Hart’s The Concept of Law
Law as a Purposeful Enterprise and Law as a Manifested Fact of Social Power
IV. THE SUBSTANTIVE AIMS OF LAW The Neutrality of the Law’s Internal Morality toward Substantive Aims
Legality as a Condition of Efficacy
Legality and Justice
Legal Morality and Laws Aiming at Alleged Evils
That Cannot Be Defined
The View of Man Implicit in Legal Morality
The Problem of the Limits of Effective Legal Action Legal Morality and the Allocation of Economic Resources
Legal Morality and the Problem of Institutional Design Institutional Design as a Problem of Economizing The Problem of Defining the Moral Community
The Minimum Content of a Substantive Natural Law
V. A REPLY TO CRITICS
The Structure of Analytical Legal Positivism Is Some Minimum Respect for the Principles of Legality Essential to the Existence of a Legal System?
Do the Principles of Legality Constitute an “Internal Morality of Law”?
Some Implications of the Debate
APPENDIX: THE PROBLEM OF THE
GRUDGE INFORMER
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