The Construction Of The Conception Of Eunomics: On Lon Fuller's Legal Theory

Whatever theoretical review and definition we perform about Fuller's thoughts, there is one basic question that should never be obscured, namely, the perception of Fuller's fundamental appeal behind his theoretical pursuit, which is, by the way, very prolific. From the Hart-Fuller debate as well as Fuller's theoretical construction itself, it is always safe to say that Fuller's focus lies in the elaboration of certain inevitable connections between law and morality. Fuller's deliberation of order and good order occupies a major position in light of his main points and position in his debate with Hart. On the other hand, from his persistent attention to the means for the basic social orders, such as adjudication, election and contract, it can be detected that the ultimate concern behind Fuller's entire theory is composed of the discussion of the prerequisites for good order, by which a satisfactory life can be achieved. This very respect is the center for the discussion of this current dissertation.Efforts have been made first of all to the clarification of Fuller's distinct approach to the question of order via the problems in the general knowledge of the relationship between"law"and order. This is followed by the elucidation of the foundation of Fuller's conception of order——the inner relationship between means and end. The discussion and understanding of end can never be performed solely, with no mention of various means, upon which the end is based, or in other words, means and end share some parity that should not be overlooked. It is on this understanding of the relationship between means and end that Fuller's theoretical construction and elaboration of specific viewpoints are performed. After a brief statement and discussion of the general...