Lon Fuller and the Moral Value of the Rule of Law

@article{Murphy2005LonFA,
  title={Lon Fuller and the Moral Value of the Rule of Law},
  author={Colleen Murphy},
  journal={Law and Philosophy},
  year={2005},
  volume={24},
  pages={239-262}
}
  • C. Murphy
  • Published 1 May 2005
  • Law
  • Law and Philosophy
I defend Lon Fuller’s view that the rule of law has conditional non-instrumental as well as instrumental moral value. The rule of law is conditionally non-instrumentally valuable in virtue of how a legal system structures political relationships. 

The Rule of Law and Equality

This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant

‘Fuller's Internal Morality of Law’

Teased out through a playful tale about a king who failed in eight ways to make law, Lon L. Fuller's eight principles of the ‘internal morality of law’ became an important contribution to legal

Law's Authority Comes from its Ability to Create a Moral Obligation to Follow it

This paper assesses competing views on the question as to whether morality is a necessary precondition for creating an authoritative obligation to follow the law. Firstly, the scope of the discussion

The Moral Grounds of Reasonably Mistaken Self‐Defense

Some, but not all, of the mistakes a person makes when acting in apparently necessary self-defense are reasonable : we take them not to violate the rights of the apparent aggressor. I argue that this

Legal Morality in Fullerian Jurisprudence

The American legal philosopher Lon L. Fuller profoundly advanced a sophisticated morality conception of law through his argument for thesis of Legal Morality (LM).  In particular, he adumbrated a

The Legality of Self‐Constitution

An influential strand in recent action‐theory employs constitutivist arguments in order to present accounts of individual agency and practical identity (and of the normative requirements that are

TECHNOLOGY AND TRANSITIONAL JUSTICE

  • C. Murphy
  • Sociology
    Social Philosophy and Policy
  • 2021
Abstract Transitional justice refers to the process of dealing with widespread wrongdoing characteristically committed during the course of conflict and/or repression. Examples of such processes

Interactional Legal Theory, the International Rule of Law and Global Constitutionalism

In this contribution to a forthcoming handbook on global constitutionalism, we outline our interactional approach to international law. We then connect that approach to ‘circular,’ practice-oriented

Political Reconciliation, the Rule of Law, and Genocide

Political reconciliation involves the repairing of damaged political relationships. This paper considers the possibility and moral justifiability of pursuing political reconciliation in the aftermath
...

References

SHOWING 1-3 OF 3 REFERENCES

Recrafting the rule of law : the limits of legal order

Recrafting the rule of law, David Dyzenhaus. Part 1 Law under stress: a defence of Radbruch's formula, Robert Alexy the interpretation and invalidity of unjust laws, Julian Rivers legality without a

Natural Law as Professional Ethics: A Reading of Fuller*

  • D. Luban
  • Law, History
    Social Philosophy and Policy
  • 2001
In Plato's Laws, the Athenian Stranger claims that the gods will smile only on a city where the law “is despot over the rulers and the rulers are slaves of the law.” This passage is the origin of the

law in his Judging the Judges, Judging Ourselves

  • law in his Judging the Judges, Judging Ourselves
  • 1998