Comprehension
For a principle to be acceptable as a law, Lon Fuller states that it must be measured in terms of the following eight standards: (1) The principle must be expounded in a manner so that it can be generally applied. A pattern less ad hoc system of law lacks the desired “internal morality” which legal principles should possess. This proposition is comparable to the often-read statement that our government is a government of laws rather than men. (2) The mandates of the law must be communicated to the people to whom they are directed. (3) Newly announced principles of law, except on rare occasions, should be applied only in a prospective manner. Retroactive application of changes in prescribed norms, subject to the presence of compelling extenuating circumstances, should be avoided. (4) Standards of action and inaction should be clearly stated. Fuller concedes that the lawmaker cannot specify with absolute clarity exactly what is demanded of each individual in every instance when the law may affect him. He does, however, assert that the duty to clarify the law should be delegated to the enforcement bodies only to the extent that such action is required by the environment in which the law must operate. (5) Arguing that respect for the law calls for consistency, Fuller maintains that the originators of laws should take great pains to see that the body of law is as free as possible from contradictory mandates, (6) Emphasizing that law is tied to the capabilities of human beings, Fuller insists that those who prescribe the norms required of individuals must refrain from imposing impossible standards of action or inaction. A stated norm which demands an absurd course of action would violate Fuller’s idea of the “internal morality of law.” (7) While stare decisis, of recent date, has been viewed by some, if not many people, as a barrier on the pathways to needed change, Fuller is of the opinion that abiding by previously announced norms is desirable in and of itself. He finds that frequency of change, by its very nature, tends to have a deleterious impact upon the persons who are subjected to an abrupt alteration of the requirements which the law imposes upon them. (8) The student of American history is familiar with Andrew Jackson’s assertion to the effect that while the Supreme Court might render a judgment, it lacked the means by which it might be implemented.
[Extracted from Tucker, Edwin W. (1965) “The Morality of Law, by Lon L. Fuller,” Indiana Law Journal: Vol. 40: Iss. 2, Article5.]
[Extracted from Tucker, Edwin W. (1965) “The Morality of Law, by Lon L. Fuller,” Indiana Law Journal: Vol. 40: Iss. 2, Article5.]
Question: 1
What does Fuller refer to with the term “promulgation”?
What does Fuller refer to with the term “promulgation”?
Updated On: Dec 3, 2024
- The retroactive application of laws
- The consistent application of laws
- The clear communication of laws to those they affect
- The economic impact of laws
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The Correct Option is C
Solution and Explanation
Fuller uses the term “promulgation” to emphasize the need for laws to be clearly communicated to the people they affect. Laws that are not properly communicated cannot be effectively followed or enforced.
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Question: 2
Which of the following best describes the central issue in the Hart-Fuller debate?
Which of the following best describes the central issue in the Hart-Fuller debate?
Updated On: Dec 3, 2024
- The influence of morality on state
- Whether law and morality are inherently connected
- The role of judges in interpreting morality
- The influence of religious values on legal system
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The Correct Option is B
Solution and Explanation
The central issue in the Hart-Fuller debate concerns whether law and morality are inherently connected. Hart, representing legal positivism, argued that law is separate from morality, while Fuller believed that laws must align with moral standards to be valid.
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Question: 3
What was Lon Fuller’s main criticism of Hart’s legal positivism?
What was Lon Fuller’s main criticism of Hart’s legal positivism?
Updated On: Dec 3, 2024
- It ignores moral obligations of a judge to make decisions on ethics
- It places too much emphasis on legal rules without considering their moral implication
- It ignores the role of international law in shaping domestic legal systems
- All of the above
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The Correct Option is B
Solution and Explanation
Fuller’s main criticism of Hart’s legal positivism is that it focuses too much on the structure of legal rules without addressing their moral implications. Fuller argues that law must be intertwined with morality to ensure justice.
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Question: 4
Why does Fuller argue that legal standards should be free from contradictions?
Why does Fuller argue that legal standards should be free from contradictions?
Updated On: Dec 3, 2024
- To allow for greater judicial discretion
- To ensure laws are adaptable to different situations
- To maintain respect for the law and ensure consistency
- To simplify legal education
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The Correct Option is C
Solution and Explanation
Fuller argues that legal standards should be free from contradictions to maintain respect for the law. Contradictory laws undermine the rule of law and create confusion, making it difficult for individuals to comply with legal norms.
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Question: 5
Which of the following best describes the concept of “internal morality” in law according to Lon Fuller?
Which of the following best describes the concept of “internal morality” in law according to Lon Fuller?
Updated On: Dec 3, 2024
- Law should be flexible and adaptive to individual circumstances
- Law should be explained with clarity and precision
- Law should prioritize economic efficiency
- Law should be created by popular vote
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The Correct Option is B
Solution and Explanation
Fuller’s concept of “internal morality” in law emphasizes that laws should be clear, precise, and understandable, ensuring that individuals can follow them. This clarity is essential for ensuring that laws are just and functional.
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