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eight principles of the inner morality of law
- Morally neutral aka Fuller
- -be promulgated, publicised
- _ not be retroactive
- _ be general in applicability
- _ be clear
- _ be consistent
- _ not require the impossible
- _ be �congruent� (consistent) with official action
- _ be reasonably stable (that is, not change too frequently
9th Principal of inner morality of law
in the end, law is a scheme of justice-Wayne Morrison
Finnis seven values that regulate human morality:
- 1. Life
- 2. Knowledge
- 3. Play
- 4. Aesthetic Experience
- 5. Friendship
- 6. Religion
- 7. Practical Reasonableness
Result of total failure in any of these eight directions-Fuller
Fuller concerning his eight excellences-a total failure in any of these eight directions says Fuller, does not simply result in a bad system of law: it results in something that is not properly called a legal system at all....
Fuller's critics of eight ways claim...
(Hart-poison) that the 8 ways do not comprise morality of law because they may be viewed as conditions of efficient control not as moral requirements and maybe fulfilled by morally iniquitous rules. however, from our point of view it does not matter that they can be viewed as conditions of efficient control. It only matters that someone who adopts a moral point of view..... must view them as moral requirements. The general point, then, is a procedural morality is incoherent without a context, and morally incoherent without a moral context
Fuller's critics of eight ways claim rebuttal
from (SLR) point of view it does not matter that they can be viewed as conditions of efficient control. It only matters that someone who adopts a moral point of view..... must view them as moral requirements.
General point, then, of procedural morality crit
The general point, then,that procedural morality is incoherent without a context, and morally incoherent without a moral context.
Dworkin's advice-LP v Natural law-about whether we can coherently capture and explain what is distinctive about legal authority and obligation
it is better to look at theories than labels seem appropriate here.Legal positivism, of course, says that we can do this without recourse to moral judgment; the natural lawyer or legal idealist, by contrast, takes the view that we cannot make sense of law until we make sense of morality, and that inquiry into the latter demonstrates a necessary connection between the two. Specialist and technical focus on legality can often narrow the horizons that might be scanned by more open philosophical inquiry
Riggs v. Palmer
Dworkin's view-court decided the case by citing the principle that no man may profit from his own wrong as a background standard against which to read the statute of wills and in this way justified a new interpretation of that statute"court considered the question of whether a murderer could take under the will of his victim. At the time the case was decided, neither the statutes nor the case law governing wills expressly prohibited a murderer from taking under his victim's will. Despite this, the court declined to award the defendant his gift under the will on the ground that it would be wrong to allow him to profit from such a grievous wrong.
- A-only true laws properly so-called
- B-a standpoint outside of law, ie justice can be used to ascertain degree law is consistent w/ justice
- 2-right reason
- A-link bt morality & law necessary
- 1-morality embedded IN posit laws immanent devel
- B-positivism about evaluation of law only, Dworkin about nature & evaluation=bring together
Natural Law can be divided into two broad streams of thoughts:
- -Through God there is (scriptural) revelation
- -Nature-as discovered through Human Reason, ie human reason discovers law’s nature.
Fuller's of eight ways internal morality explanation
Law does not owe 8 ways to morality but rather the 8 ways owe their morality to law.
St Augustine quote:
If a law be unjust,it is no law at all!